T3008 Bid Amendment 4 - 11.17.2023~1.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

State Treasurer

TAHESHA WAY

Lt. Governor

AMY F. DAVIS, ESQ.

Acting Director https://www.njstart.gov

November 17, 2023

To: All Interested Bidders

Re: Bid Solicitation # 22DPP00734 T3008 – Land Debris Removal for Disasters

Previous Quote Submission Due Date: November 29, 2023 (2:00 p.m. Eastern Time) Revised Quote Submission Due Date: December 12, 2023 (2:00 p.m. Eastern Time)

Bid Amendment #4

The following constitutes Bid Amendment #4 to the above referenced Bid Solicitation:

· This Bid Amendment includes:

· An extension of the Quote Submission Due Date from November 29, 2023 to December 12, 2023 (2:00 p.m. Eastern Time);

· Answers to questions;

· Revisions to the Bid Solicitation (see below for additional information);

· An updated forms packet titled “T3008 Attachment 2 Standard Procurement Forms Packet 11.17.23” has been updated on the Attachments tab of this Bid Solicitation in NJSTART, replacing the previous version;

· A Revised State-Supplied Price Sheet titled “T3008 REVISED State-Supplied Price Sheet 11.17.2023", and hereafter referred to in this document as the “Revised State-Supplied Price Sheet”, has been added to the Bid Solicitation via the Attachments tab of this Bid Solicitation in NJSTART. Bidders must submit the Revised State-Supplied Price Sheet as part of the Quote.

· Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation titled “T3008 REVISED Bid Solicitation 11.17.2023", and hereafter referred to in this document as the “Revised Bid Solicitation”. The Revised Bid Solicitation includes revisions to the following Bid Solicitation Sections:

· Section 3.24, Experience with Contracts of Similar Size and Scope - revised;

· Section 3.26, State-Supplied Price Sheet Instructions – revised;

· Section 3.26.2, Use of “No Bid” Versus “No Charge” on the State-Supplied Price Sheet – revised;

· Section 4.1, Agency Specific Definitions – revised;

· Section 4.6, Method of Engagement – revised; and

· Section 4.9.4, FEMA Documentation – revised.

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 #22DPP00734 T3008 – Land Debris Removal for Disasters

Answers to Questions

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

Section Reference Question (Bolded) and Answer

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

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. 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.

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As stated in Revised 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.

There is no specific set-aside percentage goal for this specific contract.

However, pursuant to Revised Bid Solicitation Section 3.13.8.1, Small Business and/or Disabled Veterans’ Business Subcontracting Set-Aside Contract, if a Bidder intends to subcontract, it must submit a Subcontractor Utilization Plan and make a good faith effort to solicit and hire eligible Small Business and/or Disabled Veterans’ Business Subcontractor where possible.

Set-aside goals are set forth in New Jersey statute and/or regulation. The established goals are for State contracting entities, not Contractors. If a Contractor intends to use a subcontractor to perform work, it should be guided by the instructions set forth in the Bid Solicitation regarding the use of subcontractors.

Yes, this is a Public Works contract. Therefore, prevailing wage rates and all other Public Works Contractor Registration Act provisions shall apply.

Does Public Works need to be submitted with the Bidders Quote?

In accordance with Revised Bid Solicitation Section 3.13.15, Public Works Contractor Registration: “At the time of the Quote opening, the Bidder and all applicable named subcontractors performing public work must be registered in accordance with the The Public Works Contractor Registration Act (PWCRA) N.J.S.A. 34:11-56.48 et seq.”

“All Bidders, and their applicable named subcontractors, should provide proof of registration with Public Works with their Quote submittal.”

Please see Revised Bid Solicitation Section 3.13.15, Public Works Contractor Registration, and Section 4.40, Public Works Contractor Registration Act, for additional information.

A Subcontractor is required to possess an A-901 license prior to Contract award if the work being performed by the Subcontractor requires an A-901 license in accordance with the requirements of N.J.S.A. 13:1E-128, 133, and 135.

As specified by Revised Bid Solicitation Section 3.13.16, A-901 License, “All applicable Bidders and their applicable named subcontractors MUST possess a valid A-901 License prior to Contract award. Bidders are encouraged to begin the A-901 licensing process as soon as possible and to include a copy of their A-901 application with their Quote.” Please refer to Section 3.13.16 for additional information.

Per Revised Bid Solicitation Section 3.13.8.1, Small Business and/or Disabled Veterans’ Business Subcontracting Set-Aside Contract, if a Bidder intends to subcontract, it must submit a Subcontractor Utilization Plan and shall make a good faith effort to solicit and hire eligible New Jersey Small Business Enterprises and/or Disabled Veterans’ Businesses where possible.

The subcontracting set-aside requirements of this Bid Solicitation do not alter the experience information requested by Section 3.24. The Bidder should provide documented experience to demonstrate that each Subcontractor has successfully performed contract work of a similar size and scope to the work that the Subcontractor is designated to perform in the Bidder’s Quote. The Bidder must provide a detailed description of services to be provided by each Subcontractor. Please refer to Revised Bid Solicitation Section 3.24, Experience with Contracts of Similar Size and Scope, as this section has been revised for clarity.

The State does not accept this proposed change to the Revised State-Supplied Price Sheet.

The rates associated with processing, grinding, of vegetative debris, compaction and/or volume reduction of Construction & Demolition (C&D), waste as well as bulky waste, are intended to be built into the daily site (i.e. Temporary Debris Management Area (TDMA)) management rates.

Per Bid Solicitation Section 4.11 H, General Debris Removal Requirements, the Contractor shall, “Determine the means and methods of Debris Removal operations, consistent with this Contract and applicable federal, State and local law and/or FEMA requirements in a Federal Declared Disaster”.

Please note: Per N.J.A.C. 7:27-2, the burning of material is prohibited in the State unless the subject material is transported for disposal at a waste to energy facility.

The State accepts the proposed language change.

Please refer to Revised Bid Solicitation Section 4.9.4, FEMA Documentation, as this section has been revised.

Section 4.18.2, Debris Load Tickets In Bid Solicitation Section 4.18.1, General Requirements & Section 4.18.2, Debris Load Tickets, FEMA requires that Public Assistance (PA) Program applicants monitor all contracted debris operations either using force account labor or a contracted monitoring firm. If an applicant does not monitor contracted debris removal operations, it jeopardizes its PA funding for that work. For accountability purposes and to ensure PA eligibility, debris monitors should be solely tasked with preparing and validating load tickets (see Public Assistance Program and Policy Guide (2020), Sec. 7.I.F.; and Public Assistance Debris Monitoring Guide (2021), Chapters 6.B & 6.D, and Appendix A: Field Reference Guides). Taking this into consideration, would the State consider removing the requirement that the Contract?

The State does not accept this proposed change to the Bid Solicitation.

The State’s use of a Debris Monitor to meet FEMA requirements does not change the Contractor’s responsibility to meet the requirements set forth by Bid Solicitation Section 4.18.1 and 4.18.2. As specified by Bid Solicitation Section 4.18.2, “If Debris monitoring is also being conducted, the Debris Monitor will provide their own Load Tickets to the SCM and/or Using Agency. The SCM and/or Using Agency will reconcile both sets of Load Tickets to ensure accurate reporting of Debris Removal quantities.”

Yes, the State confirms the scope of work for price line 9 through 20 in accordance with Revised Bid Solicitation Section 4.18.1, General Requirements, “The Contractor shall provide removing, loading and transporting FEMA Eligible Debris or Eligible Debris from land to a TDMA, and/or a final disposal/recycling facility, as directed by the SCM, Project Manager or Using Agency.”

Compensation for the resultant vegetative debris under price lines 9 through 20 will occur under price lines 1 through 4.

Please reference Revised Bid Solicitation Section 4.20.1, Vegetative Debris and Section 4.20.1.1 Hazardous Limbs, Tress and Stumps for additional information.

The State does not accept this proposed change to the Revised State-Supplied Price Sheet.

The State assumes the question is meant to read, “…as it aligns with items 52 – 54 and also typical with industry practice”, not, “52 – 24”.

The State accepts the proposed change from “Cubic Yard” to “Each” for price lines 44 through 51.

Please see the Revised State-Supplied Price Sheet.

The State does not accept the proposed change from “Per pound” to “Each” to the Revised State-Supplied Price Sheet.

Would the State consider reducing the items numbers down from 12 to 1 item since it appears only one price is required for that scope?

The State accepts the proposed change; reducing the number of price lines from twelve (12) to one (1). Price line 146 is now the sole price line for the referenced items.

Please note that this reduction changes the price line numbers for all the following items. In accordance with Revised Bid Solicitation Section 3.26, State-Supplied Price Sheet Instructions, “The Bidder shall provide a firm fixed unit price for each of the four (4) yellow highlighted cells found in price lines 1 to 274.”

Please refer to the Revised State-Supplied Price Sheet and the Revised Bid Solicitation Section 3.26, State-Supplied Price Sheet Instructions, as this section has been revised.

Please note that due to changes made based on Question #15, price line 158 is now price line 147.

The State accepts the proposed changes; reducing the number of price lines from twelve (12) to one (1). Price line 147 is now the sole price line for the referenced items.

Please note that this reduction changes the price line numbers for all following items. In accordance with Revised Bid Solicitation Section 3.26, State-Supplied Price Sheet Instructions, “The Bidder shall provide a firm fixed unit price for each of the four (4) yellow highlighted cells found in price lines 1 to 274.”

Please refer to the Revised State-Supplied Price Sheet and the Revised Bid Solicitation Section 3.26, State-Supplied Price Sheet Instructions, as this section has been revised.

Please note that due to changes made based on Questions #15 and #16 price line 262 through 264 are now price line 240 through 252.

The State does not accept the proposed change to the Revised State-Supplied Price Sheet.

The rates associated with processing, grinding, of vegetative debris, compaction and/or volume reduction of Construction & Demolition (C&D) waste as well as bulky waste are intended to be built into the daily site (i.e. TDMA) management rates.

Please note: Per N.J.A.C. 7:27-2, the burning of material is prohibited in the state unless the subject material is transported for disposal at a waste to energy facility.

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