THE EDUCATIONAL SERVICES C0MMISSION OF NEWW JERSEY PISCATAWAY, NEW JERSEY 088564 NOTICE OF ADDENDUM FOR BID

THE EDUCATIONAL SERVICES C0MMISSION OF NEWW JERSEY PISCATAWAY, NEW JERSEY 088564 NOTICE OF ADDENDUM FOR BID The Educational Services Commission of New Jersey, Piscataway New Jersey Request for Bids - Addendum # 1 The Educational Services Commission of New Jersey, Piscataway New Jersey, hereby advertises an addendum for: Bid #ESCNJ 25/26-70-GC-R1 Title of Bid: Job Order Contracting – General Construction – Region 1 Original Bid Opening: Thursday, April 30, 2026 @ 3:00 p.m. Addendum # 1 Bid opening date is changed to Thursday, May 14, 2026 at 3:00 p.m. 10. SELF PERFORMANCE 1. The Contractor shall perform with its own organizatiom amnd foreces not less than 51% of the total amount of labor hours performed at the Project Site thro9ugh the working foreperson level. NOTE: ESCNJ has determined that the percentage ofi self performance is a critical percormance criteria. As such, failure to achieve or exceed the self-performance requirem,emnts may constitute an event of non-performance and a reason to terminate the Contract. As requested, the Contractor shall provide a report to ESCNJ showing the amount of self-performance achieved by roject and total accumulative amount. The self performance percentage calculation does not include field superintendents of office management personnel.In the JOC Supplemental Conditions, delete Article 10: Self-Performance in its entirety. There is no self-performance requirement for the General Construction contracts. 2. Responses to questions submitted: i. Minimum Factor Acceptability: Will ESCNJ accept bids with Adjustment Factors below 1.0825, where the net effective recovery after required fees reduces the catalog labor rate below its embedded fully burdened value?a. Response: Yes. There is no minimum bid. The JOC solicitation is a free, open, and competitive bid. The bid process and award are dictated by the requirements of New Jersey law governing the procurement of public works construction. ii. Prevailing Wage Compliance: If Adjustment Factors below 1.0825 are accepted, please clarify how a Contractor is expected to maintain compliance with the New Jersey Prevailing Wage Act where the effective labor recovery is reduced below the catalog's embedded fully burdened rate.a. Response: Contractors are required to comply with all prevailing wage requirements in the state of NJ regardless of the Adjustment Factors they choose to bid. The Adjustment Factor is a multiplier on top of the firm fixed unit prices in the Construction Task Catalog and is in no way connected to a Contractor's obligation to meet the laws and procurement requirements in the state of NJ, such as paying prevailing wage rates, for public works construction iii. S3041 Compliance Obligations: In light of P.L. 2025, c.180 (S3041), which imposes enhanced compliance, oversight, and enforcement responsibilities on the contracting unit for cooperative public works contracts, please clarify: Whether ESCNJ evaluates submitted Adjustment Factors for compliance risk; and how acceptance of reduced pricing structures aligns with its statutory obligation to ensure prevailing wage compliancea. Response: The JOC solicitation is a free, open, and competitive bid. Contractors are required to comply with all prevailing wage requirements for the state of NJ. P.L. 2025, c.180 institutes several requirements on recordkeeping, reporting, and monitoring for prevailing wage enforcement. The new statutory obligations are limited to the following: A cooperative must record the name, principal business address in the State, and telephone number of the contractor. If the contractor's principal business address is not within the State of New Jersey, it requires the cooperative to maintain a copy of the contractor's custodian of records and agent for service of process.b. Maintain a copy of submitted certified payroll records for three years.c. Prohibit a contractor who fails to submit certified payroll records on more than three occasions from performing public works projects.d. Prohibit a contractor with any violation of the NJ Prevailing Wage Act from performing a public works project under a cooperative contract.e. Public post statutorily specified information on its public website for public works projects executed under the cooperative contracts. f. Review the Department of Labor and Workforce Development's debarment list on a monthly basis to confirm awarded contractors or their subcontractors are not debarred. If either is added, their respective contracts are required to be canceled. iv. Allocation of Risk: Please confirm whether: The responsibility for prevailing wage compliance rests solely with the Contractor, regardless of pricing structure; or ESCNJ will reject bids that may reasonably be determined to create a substantial risk of non-compliance.a. Response: Contracts are awarded per the requirements of New Jersey law. Regardless of the adjustment factor, the Contractor is always responsible for prevailing wage compliance. v. Multiple Awarded Vendors: Will ESCNJ designate: A primary and secondary vendor (ranked award structure), or Multiple awarded vendors with equal standing?a. Response: No. Refer to the Bidding Requirements, Article 17.A: Award of Contract, where it states, "The contract shall be awarded, if at all, to the lowest responsible bidder in compliance with N.J.S.A. 18A;18A-2 (t)." vi. Tie Bids: In the event that multiple bidders submit the same Adjustment Factor, please clarify: How ESCNJ will determine ranking (if any), including designation of a primary vendor; What additional evaluation criteria (e.g., experience, capacity, past performance, responsiveness, or other factors) will be used to differentiate bidders with identical pricing; Whether tied bidders will be awarded equal status with no ranking.a. Response: Refer to the Bidding Requirements, Article 17.C: Equal Prices, where it states, "Pursuant to N.J.S.A. 18A:18A-37(d), when two or more bidders submit equal prices and the prices are the lowest responsible bids, the Board of Directors may award the contract to the bidder whose response, at the discretion of the Board, is the most advantageous, price and other factors considered. In such a case, the award resolution or purchase order documentation shall explain why the vendor selected is the most advantageous." vii. Project Assignment Methodology: How will individual projects be assigned to awarded vendors? For example: Direct assignment to a primary vendor, with secondary used only if unavailable; Rotation-based assignment among awarded vendors; or Project-level competition, where multiple awarded vendors are invited to submit proposals for the same project.a. Response: Direct assignment to the Contractor awarded in compliance with N.J.S.A. 18A;18A-2 (t). viii. Competitive Proposal Process (if applicable): If a project-level competitive approach is utilized: Will multiple awarded contractors be required to develop proposals for the same scope of work? Will the contracting entity have the ability to select the lowest, most responsive, and responsible proposal for each project?a. Response: Projects are assigned to a single Contractor. ix. Alignment with Cost-Effectiveness Requirements: In consideration of P.L. 2025, c.180 (S3041), which requires cooperative contracts to demonstrate cost-effectiveness, please clarify whether ESCNJ has evaluated: The benefits of project-level competition among awarded vendors; and Whether such an approach would better ensure competitive pricing over the duration of the contract.a. Response: Each Contract awarded, if any all, will be to the lowest responsible bidder in compliance with N.J.S.A. 18A;18A-2 (t). x. Contracting Unit Flexibility: Will cooperative members (end users) have discretion to: Select from among multiple awarded vendors; and/or Request proposals from more than one awarded contractor for a given project?a. Response: A Contractor may, at the Member's request, perform work outside their designated region but may decline such assignments. Each project will be assigned to a single Contractor. Members reserve the right to cancel a project at any time and may request a Job Order Proposal from another Contractor. END OF ADDENDUM 1 Michael Fischetti, Purchasing Analyst Publication Dates LNYS0507053 $