T3135 Bid Amendment 3 Q and A and Revised Quote Submission Date~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 L. WAY

Lt. Governor

AMY F. DAVIS, ESQ.

Acting Director https://www.njstart.gov

23DPP00916

November 17, 2023

To: All Interested Bidders

Re: Bid Solicitation # 23DPP00916 T3135 Water Quality Analysis; DEP

Bid Amendment #3

The following constitutes Bid Amendment #3 to the above referenced Bid Solicitation:

· This Bid Amendment includes:

· An extension of the Quote Submission due date from November 29, 2023 to December 13, 2023 (2:00 p.m. Eastern Time);

· Answers to questions;

· The Revised State-Supplied Price Sheet titled “T3135 Revised State-Supplied Price Sheet 11.17.23” has been added to the Bid Solicitation via the Attachments tab of this Bid Solicitation in NJSTART; hereafter referred to in this document as the “Revised State-Supplied Price Sheet”. Bidders must submit the Revised State-Supplied Price Sheet as part of the Quote; and

· An updated forms packet titled “T3135 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 dated 8-14-2023.

· Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation titled “T3135 Revised Bid Solicitation 11.17.23, and hereafter referred to in this document as the “Revised Bid Solicitation”. The additions, deletions, and/or revisions to the following Revised Bid Solicitation Sections are as followed:

· 3.12 Quote Content - revised;

· 3.26 State-Supplied Price Sheet Instructions – revised;

· 3.26.1 Use of "No Bid" Versus "No Charge" on the State-Supplied Price Sheet – revised;

· 4.3.1.1 Outside Laboratory Services – added;

· 4.5 Personnel for Projects – revised;

· 4.5.1 Personnel Required Disciplines and Experience – revised;

· 4.6.1.2 Project Group 1 – Deliverables – revised;

· 4.6.2.2 Project Group 2 – Deliverables - revised;

· 4.6.3.2 Project Group 3 – Deliverables – revised;

· 4.6.4.2 Project Group 4 – Deliverables – revised;

· 4.6.5.1 Project Group 5 – General Scope of Services – revised;

· 4.6.5.2 Project Group 5 – Deliverables – revised; and

· 4.6.6.2 Project Group 6 – Deliverables – 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 #23DPP00916 T3135 Water Quality Analysis; DEP

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 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.

No, 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

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)".

Additionally, as stated in Revised Bid Solicitation Section 3.11 - Bidder Additional Terms Submitted with the Quote:

“A Bidder may submit additional terms as part of its Quote. Additional terms are Bidder-proposed terms or conditions that do not conflict with the scope of work required in this Bid Solicitation, the terms and conditions of this Bid Solicitation, or the State of New Jersey Standard Terms and Conditions. Bidder proposed terms or conditions that conflict with those contained in the State of New Jersey Standard Terms and Conditions will render a Quote non-responsive. It is incumbent upon the Bidder to identify and remove its conflicting proposed terms and conditions prior to Quote submission.

Quotes including Bidder proposed additional terms may be accepted, rejected, or negotiated, in whole or in part, at the State’s sole discretion.

If Bidder intends to propose terms and conditions that conflict with the State of New Jersey Standard Terms and Conditions, those Bidder proposed terms and conditions shall only be considered if submitted and agreed to pursuant to the electronic question and answer procedure. Bidders shall not submit exceptions or modifications as part of the Quote or on the “Terms and Conditions” Tab through NJSTART.”

This is a new procurement. There are no incumbent Contractors for this Bid Solicitation.

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(s) where possible. Refer to Revised Bid Solicitation Section 3.13.8.1 for additional information.

No. The Bidder should include the level of detail it determines necessary to assist the Evaluation Committee in its review of the Bidder’s Quote.

A Contractor may be a primary Contractor for one of the project groups, while at the same time serving as the Subcontractor for a different project group.

Please see the response to Question #8.

To the best of its ability, it is the responsibility of the Bidder to provide an estimated value for the work to be subcontracted on the Subcontractor Utilization Plan form. If unable to provide a dollar value due to the nature of the Contract, the State would accept alternative information, such as the percentage (%) of work and/or dollars to be subcontracted out to the identified Subcontractor.

In accordance with Revised Bid Solicitation Section 3.20, Organizational Experience: “The Bidder should include the level of detail it determines necessary to assist the Evaluation Committee in its review of the Bidder’s Quote.”

While there may be overlap between the experience of the Bidder’s firm and the experience of the Bidder’s personnel, these areas are evaluated under separate criteria, as specified by Revised Bid Solicitation Section 8.9.1, Technical Evaluation Criteria. As such, Bidders are encouraged to provide the information as requested by Revised Bid Solicitation Section 3.23, Resumes, and Revised Bid Solicitation Section 3.24, Experience with Contracts of Similar Size and Scope.

The Bidder should include the level of detail it determines necessary to assist the Evaluation Committee in its review of the Bidder’s Quote.

While it is not a mandatory requirement, Bidders are encouraged to provide the information as requested in Revised Bid Solicitation Section 3.24, Experience With Contracts of Similar Size and Scope: “For each such contract listed, the Bidder should provide two (2) names and telephone numbers of individuals for contracting party.”

The inconsistent use of the singular and plural role titles for the price lines was not done intentionally. Projects may use more than one individual associated with a specific role to perform the work for each Mini-Bid project. All price lines shall be viewed as the All-Inclusive Hourly Rate per individual performing the corresponding role.

For example: Any number of 'Hydrologic Modelers' may be used on a specific project, subject to the needs of the engagement and approval of the NJDEP. The Contractor would not be limited to one single 'Hydrologic Modeler' because of the singular wording of project roles stated on the Bid Solicitation. If multiple ‘Hydrologic Modelers’ are used for a specific project, the Bidder/Contractor will be compensated for each of those ‘Hydrologic Modelers’ based on the corresponding All-Inclusive Hourly Rate, the number of ‘Hydrologic Modelers’ working on the project, and the number of hours worked by each ‘Hydrologic Modeler’.

With this example in mind, the Bidder must calculate into a single price line the All-Inclusive Hourly Rate of a single Hydrologic Modeler. It would be up to the Bidder to make a business decision and determine its All-Inclusive Hourly Rate on the Revised State-Supplied Price Sheet, taking into account the varying levels of experience and education of Hydrologic Modelers throughout their company.

Please refer to Revised Bid Solicitation Section 3.26, State-Supplied Price Sheet Instructions and the Revised State-Supplied Price Sheet, as they have been revised to address any potential confusion regarding whether role titles are singular or plural.

The State does not accept the proposed modification.

It is the responsibility of the Bidder to provide staff that meet the personnel requirements of the Revised Bid Solicitation, at the All-Inclusive Hourly Rates the Bidder provides for said personnel on the Revised State Supplied Price Sheet.

Bidder must supply complete pricing for all required price lines within a particular Project Group. According to Revised Bid Solicitation Section 3.26, State Supplied Price Sheet Instructions: “Failure to submit pricing for all required price lines in a Project Group will result in the Bidder’s Quote deemed non-responsive for that Project Group only.” A Bidder submitting “no bid” for a price line within a Project Group will result in the Bidder being deemed non-responsive for that specific Project Group.

Note: Although an awarded Contractor must be able to provide all labor categories from an awarded Project Group, the labor categories utilized for each respective Mini-Bid will vary based upon the needs of that engagement.

Please see the response to Question #17.

No, the Bidder must submit one Revised State Supplied Price Sheet for the Bidder’s rates only.

Pursuant to Revised Bid Solicitation Section 9.2, Definitions: “Subcontractor – An entity having an arrangement with a Contractor, whereby the Contractor uses the products and/or services of that entity to fulfill some of its obligations under its State Contract, while retaining full responsibility for the performance of all Contractor's obligations under the Contract, including payment to the Subcontractor. The Subcontractor has no legal relationship with the State, only with the Contractor.”

Can DEP-certified lab(s) be used as subs?

This will depend on each individual Mini-Bid project. In some cases, the expectation will be that the Contractor handle the laboratory work. Especially in cases where DEP isn't certified in a specific analyte. While in other cases, the expectation will be that the Contractor perform the field work and then drop the samples off at a DEP lab that is qualified to do the laboratory analysis.

The Contractor has the option to subcontract out to another certified lab outside of DEP or itself, subject to SCM approval.

A pass-through cost price line has been added to the Revised State-Supplied Price Sheet to accommodate reimbursement for lab costs.

Please refer to Revised Bid Solicitation Section 3.26, Revised State-Supplied Price Sheet Instructions, as this section has been revised. Additionally, please refer to Revised Bid Solicitation Section 4.3.1.1, Outside Laboratory Services, as this section has been added.

Yes, DEP would specify any requirements to work at a DEP office via the Mini-Bid project, if applicable

Are travel costs via public transportation and/or personal automobile mileage specific to travel to DEP for a Mini-Bid independently reimbursable beyond the more generic travel noted in the glossary definition of the all-inclusive hourly rate? The glossary definition is, "All-Inclusive Hourly Rate" An hourly rate comprised of all direct and indirect costs including, but not limited to: labor costs, overhead, fee or profit, clerical support, travel expenses, per diem, safety equipment, materials, supplies, managerial support and all documents, forms, and reproductions thereof. This rate also includes portal-to-portal expenses as well as per diem expenses such as food.”

No, the State will not pay additional independent travel costs. Any direct and indirect costs must be included in the "All-Inclusive Hourly Rate", as defined by the Revised Bid Solicitation.

Yes, an individual can serve in multiple roles/disciplines so long as the individual is qualified, capable, and meets the requirements of the Revised Bid Solicitation. However, in such a cases the Contractor shall be responsible for properly billing the hours worked at the appropriate rate under the corresponding role. Double billing a single hour worked under multiple roles shall be strictly prohibited.

No. The Bidder must not add rows and/or additional titles/roles to the Revised State-Supplied Price Sheet.

Bidders must fill out the Revised State-Supplied Price Sheet as instructed in the Revised Bid Solicitation Section 3.26, State Supplied Price Sheet Instructions: “Any changes or alterations to the State-Supplied Price Sheet may result in the Bidder’s Quote being deemed non-responsive.”

Degree requirements must be met as specified in the Revised Bid Solicitation.

Please refer to Revised Bid Solicitation Section 4.5.1 Personnel Required Disciplines and Experience for a complete list of degree and experience requirements.

(Attachment 1)

5. Would NJDEP consider using the State of New Jersey's A/E General Terms in place of the Standard Terms that were attached to the RFP as the Standard Terms are not set up to be appropriate for professional services and really have terms that are applicable to construction contracts? 5a. If such a replacement is not deemed to be appropriate kindly consider modifying Section 4.1 and 5.11 to be applicable to Professional Services. In Section 4.1 this indemnification clause is not tied to the Consultant's negligence and therefore requires the Consulant to take on liability for things that the Consultant cannot reasonably control. This is specifically excluded from professional liability insurance coverage. This would render a Consultant's professional liability coverage useless in a claim situation and would not provide the Consultant or NJDEP the protection desired.

The State does not accept the proposed modification.

(Attachment 1) Further Section 5.11 is a performance guarantee, which is not attainable by a professional consultant. While, such requirements seem more protective â?? they actually fail to provide insurance protection as insurers exclude such protections. We respectfully ask that this be modified to be a proper objective standard of care.

The State does not accept the proposed modification. Where applicable, the State of New Jersey Standard Terms and Conditions shall be in effect.

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