I would like to be a supplier for NJSEM. Am I eligible?
NJSEM complies with the New Jersey DCA requirements and regulations as well as the provisions under the Local Public Contracts Law. Under these guidelines any supplier that is properly registered with the New Jersey Board of Public Utilities as an energy supplier is eligible to participate in NJSEM procurement proceedings.
My company offers different products that NJSEM is not requesting as part of its previous or current RFB. Is NJSEM open to other products or procurement approaches?
NJSEM, its Board of Directors and its consultant have explored many approaches and products and revisit these each time a new bid is proposed. We task ourselves with selecting the best possible approach and products for our membership. As a supplier, you MAY present your approach and / or product for review by our team. You MAY NOT respond to a current RFB with a product or services that does not conform to the guidelines of the bid proceeding. Because our procurements are tightly regulated under NJ State Law we are not permitted to, nor would we be inclined to, accept nonconforming responses to our Request For Bids.
What is NJSEM's position on reverse auctions?
NJSEM has evaluated and utilized a reverse auction system to get rates which advantage our constituency. There are instances where we will use reverse auctions; there are other cases where we will execute an electronic but closed traditional bid to the get the best results for NJSEM members. This decision is made by our leadership and our expert consultants. In an uncertain or changing market a reverse auction may not capture the lowest prices a potential supplier may be able to offer. NJSEM reserves the right to use whatever tools and methodologies that, being fully regulated and lawful, benefit NJSEM participants.
My company will only execute agreements that our attorneys have drafted. May we use our form of contract instead of that provided in the RFB package?
NJSEM has carefully drafted documents which conform to law, provide protections for our members and are as "market friendly" as possible. Unless specifically stated, a supplier must execute our form of contract.
Your Request for Bids requests fixed price products but our company only enters into agreements where we may "pass through" or adjust certain market costs. Are we still eligible for award?
In a word, NO. Unless such terms are in our approved documents and form of contract no additional pass-throughs or adjustments are possible. To reiterate, public bids are non-negotiable with the intent of providing an even playing field for all potential suppliers.