T3027 Bid Amendment 2 10.24.22.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

AMY F. DAVIS, ESQ.

Acting Director https://www.njstart.gov

October 28, 2022

To: All Interested Vendors {Bidders}

Re: Bid Solicitation # 22DPP00716 T3027 Plumbing and Heating, Ventilation and Air Conditioning (HVAC) Supplies/Equipment Statewide

Revised Quote Submission Due Date: Wednesday, November 16, 2022 (2:00 p.m. Eastern Time) Quote Submission Due Date: Friday, November 4, 2022 (2:00 p.m. Eastern Time)

Bid Amendment #2

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

· This Bid Amendment includes answers to questions; and

· Revisions to the Bid Solicitation.

· Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation titled “T3027 Revised Bid Solicitation 10.24.22.”

· Please see revisions for the following sections: 1.5; 3.13; 3.13.2; 3.13.3; 3.13.4; 3.13.5; 4.1; 5.7; 5.11; and 9.

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 #22DPP00716 T3027 Plumbing and Heating, Ventilation and Air Conditioning (HVAC) Supplies/Equipment - Statewide

Answers to Questions

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

Section Reference Question (Bolded) and Answer

A: Please refer to Bid Solicitation Sections 1 and 3.1 for Quote Submission Instructions.

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.”

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 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.

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 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.

A: 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 6.1 Price Adjustments During the Term of the Contract Q: Will price adjustments be considered during the term of the Blanket P.O.?

A: 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.”

A: If your firms SBE 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 coming from a responsive qualifying SBE.

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 Certification Services Unit. To verify the current SBE status of your firms account or for instructions to apply online for SBE certification, please visit: https://www.nj.gov/treasury/revenue/business-cert-program.shtml

Specification Conformance Certification 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 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 in 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.”

Financial Capability Of The Bidder This question has been paraphrased in the interest of readability and clarity.

Q: Our firm recently opened and we do not have financial statements or tax returns available for submission. How will this affect our Quote submittal? What can be submitted in lieu of the documents mentioned in Section 3.19?

A: The State of New Jersey will evaluate, prior to award, a “Bidder’s financial capacity and capability” utilizing any records provided by the Bidder in order to “assess the financial strength and creditworthiness of the Bidder and its ability to undertake and successfully complete the Contract.” To this end, Bidders should provide documents which clearly demonstrate their Firm’s ability to successfully service any Contract awarded. Documents listed below should be provided, however alternatives may be considered.

As stated in Bid Solicitation Section 3.19 (emphasis added in bold); “The Bidder should provide sufficient financial information to enable the State to assess the financial strength and creditworthiness of the Bidder and its ability to undertake and successfully complete the Contract. In order to provide the State with the ability to evaluate the Bidder’s financial capacity and capability to undertake and successfully complete the Contract, the Bidder should submit the following:

A. For publicly traded companies the Bidder should provide copies or the electronic location of the annual reports filed for the two most recent years; or B. For privately held companies the Bidder should provide the certified financial statement (audited or reviewed) in accordance with applicable standards by an independent Certified Public Accountant which include a balance sheet, income statement, and statement of cash flow, and all applicable notes for the most recent calendar year or the Bidder’s most recent fiscal year.

If the information is not supplied with the Quote, the State may still require the Bidder to submit it. If the Bidder fails to comply with the request within seven (7) business days, the State may deem the Quote non-responsive.”

Reporting And Supplier Convenience Fee Q: Are we required to pay 1% of all State Contract sales done within the state?

A: Yes, if a Contract is awarded to your firm, you will be required to pay a supplier convenience fee in the amount of 1% of all purchases to Periscope Holdings Inc.

Bid Solicitation Section 5.11b states: “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).”

General and 4.2 Delivery Requirements Q: What is the quantity of Grundfos pumps needed? What is the flow rate, differential pressure, and fluid? What is the pump type needed?

A: The State has not identified specific equipment of any brand to be offered in response to this Bid Solicitation. Rather, the State is seeking Quotes offering products meeting the requirements of the categories identified in Bid Solicitation Section 4.1 that are included in the catalog(s) or price list(s) offered by the Bidder. As per Bid Solicitation Section 4.1, which states in pertinent part: “Using Agencies will utilize catalog pricing and/or price lists in accordance with the Method of Operation to be promulgated to Using Agencies following Contract award.”

State Price Sheet Instructions

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

Q: Should the item number on the item information section correspond with the price line number on the State Supplied Price Sheet? If so, why does the State Supplied Price Sheet start at 18? Where do we include a quote for lines 1-17?

A: No, the price line numbers in the Items tab of the Bid Solicitation in NJSTART will not match the price line numbers on the State Supplied Price Sheet. Bidders submitting a Quote must not use the Items tab in NJSTART to insert pricing; rather, Bidders must use the State Supplied Price Sheet, as it contains required information – such as percentage discount or markup, brand name and regions served - necessary to the Quote evaluation.

Bid Solicitation Section 3.20 states, in pertinent part: “The Bidder must submit its pricing using the State Price Sheet accompanying this Bid Solicitation and located on the “Attachments” Tab.”

Please refer to Bid Solicitation Section 3.20 for further instructions regarding the State Price Sheet.

State Price Sheet Instructions Q: How can we possibly apply a discount to such a large broad category, which could have hundreds of sub categories (IE item#1 plumbing equipment-supplies)

A: Bidders may offer multiple product brands with a corresponding discount or mark-up for each brand within each category. Section 3.20, Step 6 states in pertinent part: “Important: A Bidder may bid multiple product brands for the category. A Bidder should copy the State-Supplied Price Sheet and complete it for each brand bid. As an alternative, a Bidder may add tabs at the bottom of the State-Supplied Price Sheet for each additional brand offered within the Category/Price Line (by copying the text and information from the original Price Sheet). The Bidder must follow all instructions and provide all required information contained within Bid Solicitation Section 3.22 (“State Price Sheet Instructions”) for each additional brand offered.”

Small Business Set-Aside Contracts

Q: Verifying that according to Sections 1.1 and 3.8 that non-small business can bid on the contract. Is that correct?

A: No, that is not correct. As per Bid Solicitation Sections 1.1 and 3.8, the entire Bid Solicitation has been designated as a Small Business Set-Aside Contract for Small Business Categories I, II and III.

As such, the Bidder must be registered and approved as a qualifying small business with the Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unity by the date the Quotes is opened.

State Price Sheet Instructions

4.1 General Q: In Category 5, Grainger is classified as a brand instead of a distributor.

A: The reference to Grainger as a Brand has been removed from the Bid Solicitation

Please see revisions to the Bid Solicitation titled “T3027 Revised Bid Solicitation 10.24.22”.

Q: Is it understood that other companies can offer their own private label brands?

A: Yes. Vendors can bid their own private label brand/brands on the State-Supplied Price Sheet, by following the instructions in Bid Solicitation 3.20. Bid Solicitation Section 4.1 states, in pertinent part: ““Each category includes products identified by the State as critical to day-to-day operations. These products are currently identified by known brand names; however, Bidders may offer any brand that meets the requirements of the category.”

State Price Sheet Instructions Q: With the State Supplied Price Sheet, are we to pick one manufacturer/brand from each of the categories and make a sheet for each one we choose to discount? Meaning, if we pick one of the manufacturers from each of the 5 categories, totaling 5 manufacturers on the price sheet, do we have to have a sheet for every one we choose to discount?

A: Section 3.20, Step 6 states in pertinent part: “Important: A Bidder may bid multiple product brands for the category. A Bidder should copy the State-Supplied Price Sheet and complete it for each brand bid. As an alternative, a Bidder may add tabs at the bottom of the State-Supplied Price Sheet for each additional brand offered within the Category/Price Line (by copying the text and information from the original Price Sheet). The Bidder must follow all instructions and provide all required information contained within Bid Solicitation Section 3.22 (“State Price Sheet Instructions”) for each additional brand offered.”

State Price Sheet Instructions

1.1 Purpose And Intent

4.10 Contract Method Of Operation

Q: Section 3.20, Step 3, In reference to inserting a firm, fixed percentage (%) or mark-up from the catalog/price list, if two (2) bidders are bidding on the same manufacturer’s price list, and one bidder is using a fixed percentage (%) from list price and the other bidder is using a mark-up from cost, how will the State decide which of the two vendors is more competitive without having to go through hundreds of items individually? Example: Bidder #1: -10% Discount from List Price List Price is $300.00 – 10% = $270.00 Bidder #2: +8% Mark-up from Cost is $250.00 +5% = $262.50. Therefore, since the List Prices and Costs for each individual product vary, how can the State gauge which bidders offer would be most competitive?

A: As stated in Bid Solicitation Section 1.1: “It is the intent of the Procurement Bureau to award Contracts to those responsible Bidders whose Quotes, conforming to this Bid Solicitation are most advantageous to the State of New Jersey (State), price and other factors considered. The Procurement Bureau may award any or all price lines. The State, however, reserves the right to separately procure individual requirements that are the subject of the Contract during the Contract term, when deemed by the Director of the Division (Director) to be in the State’s best interest.”

Furthermore, Using Agencies will then utilize the Contract Method of Operation (see Section 4.10, Contract Method of Operation) to determine the Contractor offering the lowest price that meets the Using Agency’s needs.

Manufacturer’s Certification

Q: Most Manufacturer’s sell their products through Authorized Distributors only. If certain bidders are not Authorized Distributors of a given manufacturer, then those bidders would not be able to submit a quotation on a given manufacturer’s products. This would mean that the State is preventing them from competing fairly against those Authorized Distributors who’s pricing may not be as competitive as Non-authorized distributors. Under the Federal Governments Multiple Award Schedule (MAS) Program, the General Services Administration (GSA) allow GSA Authorized Letters of Supply to be written by both Manufacturer’s AND Authorized Distributors so as not exclude specific small businesses from competing just because they are not an authorized distributor. Therefore, would the State please allow Certification Letters to also come from the Manufacturer’s Authorized Distributors?

A: No, Certification letters from manufacturer’s authorized Distributors will not be accepted as a means to confirm that a distributor is authorized by the manufacturer to supply the good(s) specified.

As per Bid Solicitation Section 3.17, Manufacturer’s Certification: “The Bidder should submit a letter of certification from the manufacturer whose product is supplied, certifying that the Bidder is authorized by the manufacturer to supply the good(s) specified. The certification must indicate that the Bidder was authorized by the manufacturer to supply the good(s) specified as of the Quote Opening Date. The State reserves the right to request such certification and to require that such certification be provided within five (5) business days from the time it is requested. Bidder.”

Furthermore, please note that Federal GSA regulations do not apply to this Bid Solicitation.

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