Rev. 3/25/2020

PROCUREMENT DEPARTMENT

4 WORLD TRADE CENTER, 21ST FL.

150 GREENWICH STREET

NEW YORK, NY 10007

INVITATION FOR BID

ISSUE DATE: 3/19/2026

TITLE: MAINTENANCE AND SUPPORT SERVICES FOR EVENTIDE

RECORDING SOLUTION

BID NO.: 6000003249

Refer to Part I Section 2 “Form and Submission of Bid” for submission instructions.

BID DUE DATE: 4/10/2026 TIME: 11:00 AM

BUYER NAME: Srividya Deshpande PHONE NO.: (212) 435-4637

EMAIL: sdeshpande@panynj.gov

BIDDER INFORMATION

(TO BE COMPLETED BY THE BIDDER)

(PLEASE PRINT)

(NAME OF BIDDING ENTITY)

(ADDRESS, CITY, STATE, ZIP CODE)

(REPRESENTATIVE TO CONTACT - NAME AND TITLE)

(EMAIL ADDRESS, PHONE NO. AND FAX NO.)

FEDERAL TAX ID NO.:_________________ BUSINESS CORPORATION _________

PARTNERSHIP ______ INDIVIDUAL ________ OTHER:_______________________

INVITATION FOR BID

TABLE OF CONTENTS

PART I – STANDARD INFORMATION FOR BIDDERS

PART I - 1

Rev. 2.26

(PA/PATH)

o COVER PAGE: BID AND BIDDER INFORMATION o PART I – STANDARD INFORMATION FOR BIDDERS o PART II – CONTRACT SPECIFIC INFORMATION FOR BIDDERS o PART III – CONTRACT SPECIFIC TERMS AND CONDITIONS o PART IV – SIGNATURE SHEET, NAME AND RESIDENCE OF

PRINCIPALS AND PRICING SHEET(S)

o PART V – SPECIFICATIONS o GENERAL CONTRACT PROVISIONS

PART I - STANDARD INFORMATION FOR BIDDERS, TABLE OF CONTENTS

1. General Information: The Port Authority of New York and New Jersey

2. Form and Submission of Bid

3. Vendor Profile

4. Acknowledgment of Addenda

5. Firm Offer

6. Acceptance or Rejection of Bids

7. Bidder’s Questions

8. Additional Information To and From Bidders

9. Union Jurisdiction

10. Assessment of Bid Requirements

11. Bidder’s Prerequisites

12. Qualification Information

13. Contractor’s Integrity Provisions

14. Code of Ethics for Port Authority Vendors

15. Facility Inspection and/or Pre-Bid Meeting

16. Available Documents - General

17. Pre-award Meeting

18. Minority, Women-Owned, Service-disabled Veteran Owned Business Enterprises8

19. Certification of Recycled Materials

20. City Payroll Tax

21. Automated Clearing House Enrollment

22. Additional Bidder Information

23. Safe Vehicle Operation ATTACHMENT I A - Certified Environmentally Preferable Products/Practices

PART I - 2 Rev.2.26

PART I - STANDARD INFORMATION FOR BIDDERS

1. General Information: The Port Authority of New York and New Jersey For background with respect to The Port Authority of New York and New Jersey (the “Port Authority”), and the Port Authority Trans-Hudson Corporation (“PATH”), see www.panynj.gov. Additionally, an electronic version of the Port Authority’s most recent Annual Report is available at https://www.panynj.gov/corporate/en/financial-information.html.

2. Form and Submission of Bid The Port Authority has ceased public bid openings and will allow for the electronic submission of bids.

The Port Authority of New York and New Jersey has ceased public bid openings and will allow for the digital submission of certain bids using the Euna Procurement platform (formerly known as Bonfire), accessible via the link https://panynj.bonfirehub.com/portal/?tab=openOpportunities.

Bidders MUST register in order to download the solicitation documents and associated information regarding the referenced solicitation and in order to upload bid submissions.

Registration on the Euna Procurement (Bonfire) platform requires a separate and distinct registration from all other Port Authority platforms.

Sealed bids for the referenced solicitation will be received by the Port Authority any time up to but not later than the due date and time indicated in the solicitation document. The Port Authority will accept only those bids in electronic format, and in the same readable Adobe PDF or in the format as provided by the Port Authority. Bid submissions will be accepted by upload only at https://panynj.bonfirehub.com/portal/?tab=login and must be uploaded timely so as to be received by the Authority by the deadline in order to be considered.

Hand deliveries and mailed deliveries (e.g., UPS, USPS) will not be accepted. The Port Authority may request an original, signed paper submission at any time following the Bid Due Date. If requested, such original, signed paper submission must be identical to the electronic submission. In the event of a discrepancy, the electronic submission shall control.

If requested by the Port Authority, the paper submission must be identical to the electronic submission that was submitted by the Bid Due Date. In the event of a discrepancy, the electronic submission shall take precedence.

THERE WILL BE NO PUBLIC BID OPENINGS AND HAND DELIVERIES

WILL NOT BE ACCEPTED. Bid results will be posted to the Port Authority’s website as soon as they are available.

PART I - 3

http://www.panynj.gov/ http://www.panynj.gov/corporate/en/financial-information.html https://panynj.bonfirehub.com/portal/?tab=openOpportunities https://panynj.bonfirehub.com/portal/?tab=login

By submitting this Bid, the Bidder offers to assume the obligations and liabilities imposed upon it herein and expressly makes the representations and warranties required to be made by it in this document.

3. Vendor Profile To ensure maximum opportunities, it is vitally important that Bidders keep their vendor profiles up to date with an appropriate e-mail address, as this will enable their firm to receive timely notice of advertisements, reminders, solicitations and addenda. Bidders may update their vendor profile or register as a Port Authority Vendor by accessing the online registration system at https://www.paprocure.com

4. Acknowledgment of Addenda If any addenda are posted or sent as part of this Bid, the Bidder shall complete, sign and include with its Bid the addenda form(s). In the event any Bidder fails to conform to these instructions, its Bid will nevertheless be construed as though the addenda had been acknowledged.

If the Bidder downloaded this solicitation document, it is the responsibility of the Bidder to periodically check the Port Authority website at Doing Business with the Port Authority | Port Authority of New York and New Jersey and download, complete, sign and include with its Bid, any addenda that might have been issued in connection with this solicitation.

5. Firm Offer The Bidder offers to provide the Port Authority of New York and New Jersey/PATH the services and to perform all Work in required by, related to, and in connection with this Contract, all as specified by the terms and conditions of the Contract, and based on the Pricing Sheets provided herein.

EXCEPTIONS TAKEN OR CONDITIONS IMPOSED BY A BIDDER TO ANY

PORTION OF THE CONTRACT DOCUMENTS WILL RESULT IN

REJECTION OF THE BID.

6. Acceptance or Rejection of Bids The acceptance of a Bid will be by written notice signed by an authorized representative on behalf of the Authority. No other act of the Port Authority, its Commissioners, officers, agents or employees shall constitute acceptance of a Bid. The Port Authority reserves the unqualified right, in its sole and absolute discretion, to reject any or all Bids, or to accept any Bid, or to waive defects in any Bid, which in its judgment will best serve the public interest. No rights accrue to any Bidder unless and until its Bid is accepted.

This Contract may be signed by a party, either by hand, or with an electronic signature affixed digitally and, in each case, this Contract may be personally delivered or sent by email or other electronic means after execution. Any such means of execution and transmittal shall have the same binding and legal effect.

PART I – STANDARD INFORMATION FOR BIDDERS PART I - 4

https://www.paprocure.com/ https://www.panynj.gov/port-authority/en/business-opportunities.html https://www.panynj.gov/port-authority/en/business-opportunities.html

PART I - 5

7. Bidder’s Questions Any questions by prospective Bidders concerning the Work to be performed or the terms and conditions of the Contract shall be addressed to the Buyer listed on the Cover Sheet of this document. The Buyer is only authorized to direct the attention of prospective Bidders to the portions of the Contract. No employee of the Port Authority is authorized to interpret any portion of the Contract or to give information in addition to that contained in the Contract. When Contract interpretation or additional information as to the Contract requirements is deemed necessary by the Port Authority, it will be communicated to all Bidders by written addenda issued under the name of the Manager, Commodities & Services Division, Procurement Department of the Port Authority and may be posted on the Port Authority website. Addenda shall be considered part of the Contract.

8. Additional Information To and From Bidders Should the Authority require additional information from the Bidder in connection with its Bid, such information shall be submitted within the time frame specified by the Port Authority.

If the Bidder is a corporation, a statement of the names and residences of its officers should be submitted on the Name and Residence of Principals Sheet, contained in Part IV, that immediately follows following the Signature Sheet.

9. Union Jurisdiction All prospective Bidders are advised to ascertain whether any union now represented or not represented at the Facility will claim jurisdiction over any aspect of the operations to be performed hereunder and their attention is directed to the paragraph entitled “Harmony” in the General Contract Provisions.

10. Assessment of Bid Requirements The Bidder should carefully examine and study the entire contents of these bid documents and shall make its own determinations as to the services and materials to be supplied and all other things required to be done by the Contractor.

11. Bidder’s Prerequisites Only Bids from Bidders that can satisfactorily demonstrate meeting the prerequisites specified within Part II hereof at the time of Bid submission will be considered. By furnishing this document to the Bidder, the Port Authority has not made a determination that the Bidder has met the prerequisites or has otherwise been deemed qualified to perform the services. A determination that a Bidder has met the prerequisites is no assurance that it will be deemed qualified in connection with other bid requirements included herein.

12. Qualification Information The Port Authority may give oral or written notice to the Bidder to furnish the Port Authority with information and to meet with designated representatives of the Port Authority relating to the Bidder’s qualifications and ability to fulfill the Contractor's obligations hereunder. The requested information shall be submitted no later than three

PART I - 6

(3) days after said notice is given by the Port Authority, unless otherwise indicated.

Matters upon which the Port Authority may inquire may include, but shall not be limited to, the following:

a. The Bidder may be required to demonstrate that it is financially capable of performing this Contract, and the determination of the Bidder's financial qualifications will be made by the Port Authority in its sole discretion. The Bidder shall submit such financial and other relevant information as may be required by the Port Authority from time to time including, but not limited to, the following:

1. (i) Certified financial statements, including applicable notes, reflecting the Bidder's assets, liabilities, net worth, revenues, expenses, profit or loss and cash flow for the three (3) most recent calendar years or the Bidder's three

(3) most recent fiscal years.

(ii) Where the certified financial statements set forth in (i) above are not available, then either reviewed or compiled statements from an independent accountant setting forth the aforementioned information shall be provided.

(iii) Where neither certified financial statements nor financial statements from an independent accountant are available, as set forth in (i) and (ii) above, then financial statements containing such information prepared directly by the Bidder may be submitted; such financial statements, however, must be accompanied by a signed copy of the Bidder's most recent Federal income tax return and a statement in writing from the Bidder, signed by an executive officer or their authorized designee, that such statements accurately reflect the present financial condition of the Bidder.

Where the statements submitted pursuant to subparagraphs (i), (ii) or (iii) are dated more than to forty-five (45) days prior to the bid opening, the Bidder shall submit a statement in writing, signed by an executive officer of the Bidder or their authorized designee, that the present financial condition of the Bidder is at least as good as that shown on the statements submitted.

2. Bidder’s statement of work on hand, including any work on which a bid has been submitted, containing a description of the work, the annual dollar value, the location by city and state, the current percentage of completion, the expected date for completion, and the name of an individual most familiar with the Bidder's work on these jobs.

3. The name and address of the Bidder's banking institution, chief banking representative handling the Bidder's account, the Bidder's Federal Employer Identification Number (i.e., the number assigned to firms by the Federal Government for tax purposes), the Bidder's Dun and Bradstreet number, if any, the name of any other credit service to which the Bidder has furnished information, and the number, if any, assigned by such service to the Bidder's account.

b. Information relating to the Bidder's Prerequisites, if any, as set forth in this document.

PART I - 7

c. If the Bidder is a corporation: (1) a copy of its Certificate of Incorporation (or equivalent) and, if applicable, all Amendments thereto with a written declaration signed by the Secretary of the Corporation with the corporate seal affixed thereto, stating that the copy furnished is a true copy of the Certificate of Incorporation (or equivalent) and any such Amendments as of the date of the opening of the bid and (2) if the Bidder is not incorporated under the laws of the state in which the service is to be performed, a certificate from the Secretary of State of said state evidencing the Bidder's legal qualification to do business in that state.

d. A statement setting forth the names of those personnel who will be in overall charge of the services to be provided and those who would be exclusively assigned to supervise the services. The statement shall also set forth, for each individual listed, and their specific roles, their number of years of experience and in which functions and capacities each would serve.

e. Information to supplement any statement submitted in accordance with Section 38 of the General Contract Provisions "Contractor's Integrity Provisions", including, but not limited to the Bidder not being in collections for unpaid tolls to the Port Authority.

f. In the event that the Bidder's performance on a current or past Port Authority or Port Authority Trans-Hudson Corporation (PATH) contract or contracts has been rated less than satisfactory, the Port Authority may give oral or written notice to the Bidder to furnish information demonstrating to the satisfaction of the Port Authority that, notwithstanding such rating, such performance was in fact satisfactory or that the circumstances which gave rise to such unsatisfactory rating have changed or will not apply to performance of this Contract, and that performance of this Contract will be satisfactory.

g. The Bidder recognizes that it may be required to demonstrate to the satisfaction of the Port Authority and/or PATH that it in fact can perform the services as called for in this Contract and that it may be required to substantiate any or all of the warranties and representations set forth herein and the statements and assurances it may be required to give.

Neither the giving of any of the aforesaid notices to a Bidder, the submission of materials by a Bidder, any meeting which the Bidder may have with the Port Authority and/or PATH, nor anything stated by the Port Authority in any such meeting shall be construed or alleged to be construed as an acceptance of said Bidder's Bid. Nothing stated in any such meeting shall be deemed to release any Bidder from its offer as contained in the bid documents.

13. Contractor’s Integrity Provisions By submitting a Bid, Bidders shall be deemed to have made the certifications contained in the clauses entitled “Certification of No Investigation (criminal or civil anti-trust), Indictment, Conviction, Debarment, Suspension, Disqualification and Disclosure of Other Information,” and “Non-Collusive Bidding, and Code of Ethics Certification, Certification of No Solicitation Based On Commission, Percentage, Brokerage, Contingent or Other Fees” contained within the General Contract Provisions within these bid documents. If the Bidder is unable to make the certifications contained therein the Bidder shall submit a statement with its Bid explaining why any such certification(s) cannot be made. Such a submission shall be submitted with your Bid.

PART I - 8

14. Code of Ethics for Port Authority Vendors Bidder’s attention is directed to the Port Authority’s “Code of Ethics for Port Authority Vendors” (the “Code”). The Code of Ethics can be found on the Port Authority’s website at https://www.panynj.gov/business-opportunities/become-vendor.html.

15. Facility Inspection and/or Pre-Bid Meeting If applicable, details regarding a Facility Inspection and/or Pre-Bid Meeting will be stipulated in Part II. All Bidders must present a valid government-issued photo ID for access to a Facility and must provide their firm name and their title/role within their firm at any such Inspection or Meeting.

16. Available Documents - General Certain documents, listed in Part II hereof, may be made available for reference and examination by Bidders at the Facility Inspection. Arrangements to review these documents at a time other than the Facility Inspection may be made by contacting the person listed in Part II as the contact for the Facility Inspection.

These documents were not prepared for the purpose of providing information for Bidders upon this Contract, but they were prepared for other purposes, such as for other contracts or for design purposes for this or other contracts, and they do not form a part of this Contract. The Port Authority and/or PATH makes no representation, warrant, or guarantee as to these documents or the information contained therein, and shall not be responsible for their accuracy, completeness or pertinence, and, in addition, shall not be responsible for any inferences or conclusions drawn therefrom.

17. Pre-award Meeting The lowest responsive and responsible qualified Bidder may be called for a pre-award meeting prior to award of the Contract.

18. Minority, Women-Owned and Service-disabled Veteran Owned Business

Enterprises Bidders shall comply with the provisions set forth in Part III.

19. Certification of Recycled Materials Bidders are requested to submit, with their bid, a written certification entitled “Certified Environmentally Preferable Products / Practices” attached hereto as “Attachment I-A”, attesting that the products or items offered by the Bidder contain the minimum percentage of post-consumer recovered material in accordance with the most recent guidelines issued by the United States Environmental Protection Agency (EPA), or, for commodities not so covered, the minimum percentage of post-consumer recovered materials established by other applicable regulatory agencies. The data submitted by the Bidder in Attachment I-A is being solicited for informational purposes only.

Recycling Definitions:

For purposes of this numbered section, the following definitions shall apply:

a Recovered Material" means any Post-consumer mater and any waste material or by-product that has been recovered or diverted from solid waste, http://www.panynj.gov/business-opportunities/become-vendor.html

PART I - 9

excluding those materials and by-products generated from, and commonly reused within, an original manufacturing process.

b “Post-consumer Material” means any material or finished product that has served its intended use and has been discarded for disposal or recovery having completed its life as a consumer item.

c. “Pre-consumer Material” means any material or by-product generated after the manufacture of a product but before the product reaches the consumer, such as damaged or obsolete products. Pre-consumer Material does not include mill and manufacturing trim, scrap, or broken material that is generated at a manufacturing site and commonly reused on-site in the same or another manufacturing process.

d. "Recycled Product" means a product that contains the highest amount of post-consumer material practicable, or when post-consumer material is impracticable for a specific type of product, contains substantial amounts of Pre-consumer Material.

e. "Recyclable Product" means the ability of a product and its packaging to be reused, reconditioned for use, or recycled through existing recycling collection programs.

f. "Waste Reducing Product" means any product that will result in less waste generated due to its use rather than another product designed to serve the same function with a greater waste generation rate. This shall include, but not be limited to, those products that can be reused, refilled or have a longer life expectancy and contain a lesser amount of toxic constituents.

19. City Payroll Tax Bidders should be aware of the payroll tax imposed by the:

a. City of Newark, New Jersey for services performed in Newark, New Jersey;

b. City of New York, New York for services performed in New York, New York; and

c. City of Yonkers, New York for services performed in Yonkers, New York.

These taxes, if applicable, are the sole responsibility of the Contractor. Bidders should consult their tax advisors as to the effect, if any, of these taxes. The Port Authority provides this notice for informational purposes only and is not responsible for either the imposition or administration of such taxes. The Port Authority exemption set forth in the Paragraph headed “Tax Exemptions”, in the General Contract Provisions included herein, does not apply to these taxes.

20. Automated Clearing House Enrollment The Port Authority of New York and New Jersey has transitioned to an electronic method of paying its vendors, contractors and consultants via an Automated Clearing House (“ACH”) funds transfer. It is the Port Authority’s expectation that all vendors, contractors and consultants will be paid via an ACH funds transfer. To avoid delays in payment, vendors, contractors, and consultants should enroll in ACH and complete the Port Authority’s “Authorization Agreement For Direct

PART I - 10

Deposits And Direct Payments (ACH Credits)” form, which is available at https://www.panynj.gov/business-opportunities/pdf/Vendor-ACH-auth-form.pdf. The Authorization Agreement shall remain in full force and effect until the Port Authority has received written notification from the vendor, contractor or consultant of its termination in such time and in such manner as to afford the Port Authority and the depository financial institution(s) a reasonable opportunity to act on it. Any questions on this process may be directed to the Comptrollers Department ACH Enrollments contact line at 201 216-6002 or emailed to

ACHENROLLMENT@PANYNJ.GOV.

21. Additional Bidder Information Prospective Bidders are advised that additional vendor information, including but not limited to, forms, documents and other information, including protest procedures, may be found on the Port Authority website at: http://www.panynj.gov/business-opportunities/become-vendor.html.

The Port Authority of New York and New Jersey (Port Authority), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no business will be discriminated against on the grounds of race, color, national origin, creed, sex, age or disability in consideration for an award.

22. Safe Vehicle Operation The Bidder may be required to demonstrate that it has a satisfactory Federal Motor Carrier Safety Administration (FMCSA) safety record and vehicle maintenance program.

If applicable, the Bidder shall submit this safety information as may be required by the Port Authority, including, but not limited to:

1. Information about their overall FMCSA safety program;

2. Information about their drivers training program;

3. Information about their vehicle maintenance program;

4. Results of Commercial Vehicle inspections;

5. Information about actions taken to remedy safety issues and violations.

The determination that the Bidder's safety record and safety programs are satisfactory will be made by the Port Authority at its sole discretion.

http://www.panynj.gov/business-opportunities/pdf/Vendor-ACH-auth-mailto:ACHENROLLMENT@PANYNJ.GOV http://www.panynj.gov/business-%20opportunities/become-vendor.html http://www.panynj.gov/business-%20opportunities/become-vendor.html

PART I - 12

ATTACHMENT I A - Certified Environmentally Preferable Products/Practices

Bidder Name: Date:

In line with the Port Authority’s efforts to promote products and practices which reduce our impact on the environment and human health, Bidders are encouraged to provide information regarding their environmentally preferable/sustainable business practices as they relate to this contract wherever possible. Bidders are requested to complete this form and submit it with their response, if appropriate. Bidders are requested to submit appropriate documentation to support the items for which the Bidder indicates a “Yes” and present this documentation, in the proper sequence of this Attachment.

1. Packaging Has the Bidder implemented any of the following environmental initiatives? (A checkmark indicates “Yes”) Use of corrugated materials that exceed the required minimum EPA recommended post-consumer recycled content Use of other packaging materials that contain recycled content and are recyclable in most local programs Promotes waste prevention and source reduction by reducing the extent of the packaging and/or offering packaging take-back services, or shipping carton return Reduces or eliminates materials which have been bleached with chlorine or chlorine derivatives Eliminates any packaging that may contain polyvinyl chloride (PVC), or polystyrene or heavy metals.

If yes, a description of the practices being followed should be include with the submission.

2. Business Practices / Operations / Manufacturing Does the Bidder engage in practices that serve to reduce or minimize an impact to the environment, including, but not necessarily limited to, the following items? (A checkmark indicates “Yes”) Recycles materials in the warehouse or other operations Use of alternative fuel vehicles or vehicles equipped with diesel emission control devices for delivery or transportation purposes Use of energy efficient office equipment or signage or the incorporation of green building design elements Use of recycled paper (that meets federal specifications) in their marketing and/or resource materials Other sustainable initiative

If yes, a description of the practices being followed should be included with the submission.

3. Training and Education Does the Bidder conduct/offer a program to train or inform customers and employees of the environmental benefits of the products to be offered under this contract, and/or does the Bidder conduct environmental training of its own staff?

Yes No If yes, Bidder shall attach a description of the training offered and the specific criteria targeted by the training.

4. Certifications Has the Bidder or any of its manufacturers and/or subcontractors obtained any of the following product / industry certifications?

(A checkmark indicates “Yes”) ISO 14000 or adopted some other equivalent environmental management system Other industry environmental standards (where applicable), such as the CERES principles, LEED Certification, C2C Protocol, Responsible Care Codes of Practice or other similar standards Third Party product certifications such as Green Seal, Scientific Certification Systems, Smartwood, etc.

If yes, Bidders should attach copies of the certificates obtained.

I hereby certify under penalty of law, the above statements are true and correct.

Name Date

PART II – CONTRACT SPECIFIC INFORMATION FOR BIDDERS PART II - 1

Rev. 12/24 (PA/PATH)

PART II – CONTRACT SPECIFIC INFORMATION FOR BIDDERS,

1. Service(s) Required

2. Location(s) Services Required

3. Expected Date of Commencement of Contract

4. Contract Type

5. Duration of Contract

6. Extension Period

7. Specific Bidder’s Prerequisites

8. Personnel Assurance Program and Contractor Staff Background Screening

PART II – CONTRACT SPECIFIC INFORMATION FOR BIDDERS PART II - 2

PART II - CONTRACT SPECIFIC INFORMATION FOR BIDDERS

The following information may be referred to in other parts hereof, or further detailed in other parts hereof, if applicable.

1. Service(s) Required Maintenance and support services for Eventide Communications (Eventide) recording solution.

2. Location(s) Services Required Port Authority owned and leased Facilities in New York and New Jersey, as more fully described in the definition of “Facility” in the Specifications.

3. Expected Date of Commencement of Contract On or about July 1, 2026.

4. Contract Type Lumpsum, payable quarterly

5. Duration of Contract Three (3) years set to expire on or about June 30, 2029.

6. Extension Period 180 day extension applicable

7. Specific Bidder’s Prerequisites

a. The Bidder shall be an authorized Eventide reseller as of the bid opening date and shall remain an authorized reseller for the duration of the Contract. The Bidder may fulfill this prerequisite if it can provide appropriate documentation, signed by an authorized representative of Eventide, naming the Bidder as a “Eventide Communications Premier Partner in good standing and an authorized solution provider”.

b. At least one member of the team assigned to this project by the Bidder under this Contract must have both of the two qualifications listed below. The Bidder may fulfill this prerequisite by submitting documentation indicating each resource’s name, role in the project and whether they meet either of both of the qualifications provided in I or II below. A certificate issued by Eventide will be required as proof of meeting the prerequisite required in b(i) while a resume can b submitted as proof of meeting the prerequisite set forth in b(ii).

PART II – CONTRACT SPECIFIC INFORMATION FOR BIDDERS PART II - 3

The Bidder shall complete the below matrix for each resources whose documentation is provided in support of this prerequisite, adding additional sheets if required.

i. “Eventide NexLog Digital Voice Recorder Technical Training”

ii. “Eventide NexLog Digital Voice Recorder Experienced Project

Manager (PM)” with more than 5 years’ experience

Resource Name

Role in Project

Eventide Trained Technical Specialist

(Y/N)

Eventide Experienced

PM

(Y/N)

Proof that the above prerequisites are met should be submitted with the Bid.

8. Personnel Assurance Program and Contractor Staff Background Screening The Contractor awarded this Contract may be required to have its staff, and any subcontractor’s staff working under this Contract, authorize the Authority or its designee to perform background checks. Such authorization shall be in a form acceptable to the Authority. The Contractor and any subcontractors may also be required to use an organization designated by the Authority to perform the background checks. The cost for said background checks for staff that pass and are granted a credential may be reimbursable to the Contractor and its subcontractors as an out-of-pocket expense. Costs for staff that are rejected for a credential for any reason are not reimbursable.

Such background checks shall be performed through the Authority’s personnel assurance program provider. The Secure Worker Access Consortium (“S.W.A.C.”) is the only Port Authority approved provider to be used to conduct background screening, except as otherwise required by federal law and/or regulation. Information about S.W.A.C., instructions, corporate enrollment, online applications, and location of processing centers can be found at http://www.secureworker.com, or S.W.A.C. may be contacted directly at (877) 522-7922.

http://www.secureworker.com/

PART III – CONTRACT SPECIFIC TERMS AND CONDITIONS PART III - 1

Rev. 6.2025 (PA)

PART III – CONTRACT SPECIFIC TERMS AND CONDITIONS,

1. General Agreement

2. Duration

3. Payment

4. Sustainable Packaging

5. Extra Work

6. Minority, Women-Owned and Service-disabled Veteran Owned Business

Enterprises

7. Cybersecurity

8. Safe Vehicle Operation

9. Information Security

PART III – CONTRACT SPECIFIC TERMS AND CONDITIONS PART III - 2

Rev. 2.2026 (PA)

PART III – CONTRACT SPECIFIC TERMS AND CONDITIONS

1. General Agreement Subject to all of the terms and conditions of this Contract, the undersigned (the “Contractor”) hereby offers and agrees to provide all the necessary supervision, personnel, equipment, materials and all other things necessary to perform the Work required by this Contract as specified in Part II, and fully set forth in the Part V (the “Specifications”), at the location(s) listed in Part II and as more fully set forth in the Specifications, and to do all other things necessary or proper therefor or incidental thereto, all in strict accordance with the provisions of the Contract Documents and any future changes therein; and the Contractor further agrees to assume and perform all other duties and obligations imposed upon it by this Contract.

In addition, all things not expressly mentioned in the Specifications but involved in the carrying out of their intent and in the complete and proper execution of the matters referred to in and required by this Contract are required by the Specifications, and the Contractor shall perform the same as though they were specifically delineated, described and mentioned therein.

2. Duration The term of this Contract (the “Base Term”) shall commence on the specific date set forth in the Port Authority’s written notice of bid acceptance (the “Commencement Date”), on or about the date specified in Part II hereof, and unless otherwise terminated or revoked in accordance with the provisions hereof, shall expire as specified in Part II hereof. ii) Unless specified as not applicable to this Contract in Part II hereof, the Port Authority shall have the absolute right to extend the term for an additional period of up to one hundred and eighty (180) days subsequent to the expiration date of the Base Term, (the “Extension Period”), subject to the same terms and conditions as the previous Contract period. The prices quoted by the Contractor for the previous Contract period shall remain in effect during this Extension Period without adjustment, unless otherwise provided in the Contract. If it so elects to extend the term of Contract, the Port Authority will advise the Contractor, in writing, that the term is so extended, and will stipulate the length of the Extension Period, at least thirty (30) days prior to the expiration date of the previous Contract period.

3. Payment Subject to all of the terms and conditions of this Contract, the Port Authority agrees to pay to the Contractor and the Contractor agrees to accept from the Port Authority as full and complete consideration for the performance of all its obligations under this Contract and as sole compensation for the Work performed by the Contractor hereunder, compensation as inserted by the Contractor in the Pricing Sheet(s), forming a part of this Contract, exclusive of compensation under the clause hereof entitled “Extra Work”. The manner of submission of all bills for payment to the Contractor by the Port Authority for Work rendered under this Contract shall be subject to the

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approval of the Manager in all respects, including, but not limited to, format, breakdown of items presented and verifying records. All computations made by the Contractor and all billing and billing procedures shall be done in conformance with the following procedures:

a) Payment shall be made in accordance with the prices for the applicable Work

(during the applicable Contract year) as they appear on the Pricing Sheet(s), as the same may be adjusted from time to time as specified herein, minus any deductions for Work not performed and/or any liquidated damages to which the invoice may be subject and/or any adjustments as may be required pursuant to increases and decreases in areas, frequencies, or quantity of personnel, if applicable. All Work must be completed within the time frames specified, or as designated by the Manager.

b) The Contractor shall comply with the Port Authority’s required invoice submission process, including, but not limited to uploading invoices electronically, for acceptance and verification by the authorized Port Authority personnel for payment. If notification is communicated that electronic invoicing is not available, invoices are to be sent electronically to the Technology Manager: Gerard Charles at gcharles@panynj.gov .

c) The Contractor shall submit to the Technology Manager by the fifth day following the commencement of this Contract and thereafter on or by the fifth day following each quarter’s conclusion thereof a complete and correct quarterly invoice for the Corrective Maintenance and support and Preventative Maintenance as listed in Part IV, Section 4, Exhibit A. The invoice must show the Contractor's Federal Tax Identification Number and Purchase Order Number, if applicable. Payment of the invoice will be made within thirty (30) days of Port Authority verification that the invoice is complete and correct.

d) No certificate, payment, acceptance of any Work or any other act or omission of any representative of the Port Authority shall operate to: (1) release the Contractor from any obligation under or upon this Contract; (2) estop the Port Authority from showing at any time that such certificate, payment, acceptance, act or omission was incorrect; or (3) preclude the Port Authority from recovering any monies (a) paid in excess of those lawfully due or (b) to which the Port Authority may be entitled on account of any damage sustained by the Port Authority.

e) In the event an audit of received invoices should indicate that the correct sum due the Contractor for the relevant billing period is less than the amount actually paid by the Port Authority, the Contractor shall pay to the Port Authority the difference promptly upon receipt of the Port Authority’s statement thereof. The Port Authority may, however, in its discretion elect to deduct said sum or sums from any subsequent monthly payments payable to the Contractor hereunder.

“Final Payment,” as the term is used throughout this Contract, means the final payment made for services rendered in the last quarter of the term of this Contract (the “Last

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Quarter”)whether such Last Quarter occurs during the Base Term, or the Extension Period.

However, should this Contract be terminated for any reason prior to any such Last Quarter, then Final Payment shall be the payment made for services rendered in the quarter during which such termination becomes effective. The Contractor’s acceptance of Final Payment shall act as a full and complete release to the Port Authority of all claims of and of all liability to the Contractor for all things done or furnished in connection with this Contract and for every act and neglect of the Port Authority and others relating to or arising out of this Contract, including claims arising out of breach of contract and claims based on claims of third persons. No payment, however, final or otherwise shall operate to release the Contractor from any obligations in connection with this Contract.

4. Sustainable Packaging

Where applicable, the Contractor shall make best efforts to provide sustainable packaging, in furtherance of the Port Authority's sustainability goals, as set forth in the Port Authority’s Sustainable Packaging Guidelines, which can be found at Sustainable Packaging Guidelines.

5. Extra Work The Contractor is required to provide separate Materials, supplies, equipment and personnel for Extra Work when such is deemed necessary by the Manager. “Extra Work” as used herein means work which differs from that expressly or impliedly required by the Specifications in their present form. Total Extra Work performed by the Contractor shall not exceed six percent (6%) of the Total Estimated Contract Price of this Contract for the entire term of this Contract including any exercised options or extensions thereof, or six percent (6%) of the Total Estimated Contract Price of each section if this Contract is awarded by separate sections.

An increase in areas, frequencies, or quantity of personnel does not constitute Extra Work, but shall be compensable based on the prices in the Pricing Sheet(s) and the paragraph herein titled “Increase or Decrease in Areas, Frequencies or Quantity of Personnel.”

The Contractor is required to perform Extra Work pursuant to a written order of the Manager expressly recognizing such work as Extra Work. If Lump Sum or Unit Price compensation cannot be agreed upon by the parties in writing prior to the start of Extra Work, the Contractor shall perform such Extra Work and the Contractor’s compensation shall be increased by the sum of the following amounts and such amounts only: (1) the actual Net Cost, in money, of the Labor, and Material, required for such Extra Work; (2) ten percent (10%) of the amount under (1) above; (3) such rental as the Manager deems reasonable for plant and equipment (other than small tools) required for such Extra Work; (4) if the Extra Work is performed by a subcontractor, an additional five percent (5%) of the sum of the amounts under (1) through (3) above.

As used in this numbered clause (and in this clause only):

https://www.panynj.gov/content/dam/port-authority/pdfs/supplier-diversity/sustainable-packaging-guidelines.pdf https://www.panynj.gov/content/dam/port-authority/pdfs/supplier-diversity/sustainable-packaging-guidelines.pdf

PART III – CONTRACT SPECIFIC TERMS AND CONDITIONS PART III - 5

“Laborer” means laborers, mechanics, and other employees below the rank of supervisor, directly employed at the Site of the Work subject to the Manager or their designee’s authority to determine what employees of any category are “required for Extra Work” and as to the portion of their time allotted to Extra Work; and “cost of labor” means the wages actually paid to and received by such employees plus a proper proportion of (a) vacation allowances and union dues and assessments which the employer actually pays pursuant to contractual obligation upon the basis of such wages, and (b) taxes actually paid by the employer pursuant to law upon the basis of such wages and workers’ compensation premiums paid pursuant to law.

“Employees,” as used above, means only the employees of one employer.

“Net Cost” means the Contractor’s actual cost after deducting all permitted cash and trade discounts, rebates, allowances, credits, sales taxes, commissions, and refunds (whether or not any or all of the same shall have been taken by the Contractor) of all parts and Materials purchased by the Contractor solely for the use in performing its obligation hereunder provided, where such purchase has received the prior written approval of the Manager as required herein. The Contractor shall promptly furnish to the Manager such bills of sale and other instruments as the Manager may require, executed, acknowledged and delivered, assuring to the Manager that title to such materials, supplies, equipment, parts, and tools is free of encumbrances.

“Materials” means temporarily-installed and consumable materials as well as permanently-installed materials.

“Cost of Materials” means the price (including taxes actually paid by the Contractor pursuant to law upon the basis of such materials) for which such Materials are sold for cash by the manufacturers or producers thereof, or by regular dealers therein, whether or not such Materials are purchased directly from the manufacturer, producer or dealer (or if the Contractor is the manufacturer or producer thereof, the reasonable cost to the Contractor of the manufacture and production), plus the reasonable cost of delivering such Materials to the Site of the Work in the event that the price paid to the manufacturer, producer or dealer does not include delivery and in case of temporarily-installed materials, less their salvage value, if any.

The Manager shall have the authority to decide all questions in connection with Extra Work. The exercise by the Manager of the powers and authorities vested in him/her by this section shall be binding and final upon the Port Authority and the Contractor.

The Contractor shall submit all reports, records and receipts as are requested by the Manager so as to enable him/her to ascertain the time expended in the performance of the Extra Work, the quantity of Labor and Materials used therein and the Cost of Labor and Materials to the Contractor.

The provisions of this Contract relating generally to Work and its performance shall apply without exception to any Extra Work required and to the performance thereof.

Moreover, the provisions of the Specifications relating generally to the Work and its performance shall also apply to any Extra Work required and to the performance thereof, except to the extent that a written order in connection with any particular item of Extra Work may expressly provide otherwise.

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If the Contractor considers work to be Extra Work, the Contractor shall give written notice to the Manager within twenty-four (24) hours of performing the work that it so considers as Extra Work, and failure of the Contractor to provide said notice shall constitute a waiver of any claim to an increase in compensation for such work and a conclusive and binding determination that it is not Extra Work.

The Contractor shall supply the amount of Materials, supplies, equipment and personnel required by the Manager within ten (10) business days following the receipt of written or oral notification from the Manager, or in the case of an emergency as determined by the Manager, within five (5) business days following the receipt by the Contractor of the Manager’s written or oral notification. Where oral notification is provided hereunder, the Manager will thereafter confirm the same in writing.

All Extra Work shall be billed to the Port Authority on a separate invoice on a monthly basis.

6. Minority, Women-Owned and Service-disabled Veteran Owned Business Enterprises The Port Authority requires the Bidder/Contractor to use every good faith effort to ensure that qualified Minority Business Enterprises (MBEs), Women-owned Business Enterprises (WBEs), and Service-disabled Veteran Owned Businesses (“SDVOBs”) are provided an equal opportunity to participate in the work as subcontractors in accordance with applicable law.

The Contractor specifically acknowledges and agrees that the requirements set forth in this Section 6 of Part III may be revised or updated from time to time by the Port Authority and that, accordingly, the Port Authority may from time to time, by notice to the Contractor, provide to the Contractor, a revised or updated form of such Section 6 of Part III to replace Section 6 of Part III currently included in this Contract. Notwithstanding any such revisions or updates, (a) to the extent the Contractor has entered into agreements based on the Section 6 of Part III that was then in effect, or, (b) if at the time that any such replacement Section 6 of Part III takes effect, the Contractor is actively engaged in negotiations with counterparties or procurement processes with respect to specific agreements, which negotiations or procurement processes result in the execution of the applicable agreement not more than six months following the date on which the replacement Section 6 of Part III takes effect, then, in each case, any such agreement shall not be required to be modified to conform to such revision and/or update to Section 6 of Part III, so long as the applicable agreement is not extended, modified, or restated.

MBE, WBE, and SDVOB Outreach Goals The Port Authority has set certain good faith goals for participation in the work by subcontractors engaged by the Contractor in accordance with a market analysis of MBE, WBE, or SDVOB businesses available to participate in the work. The Port Authority analysis estimated that 20%, 10%, and 3% of the dollar value of the subcontracted work would be expected to be performed by MBE, WBE, and SDVOB firms respectively. As such, the Port Authority requires its Contractors performing work to use Good Faith Efforts (as defined below) to locate MBE, WBE, and

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SDVOB firms and provide such firms opportunit(y/ies) to bid or propose to participate in the work (such outreach efforts are hereinafter referred to individually as “MBE Outreach Goals,” “WBE Outreach Goals,” and “SDVOB Outreach Goals,” and collectively as “Outreach Goals”.) With respect to MBE Outreach Goals, the Bidders must seek out Minorities in each category of the definition of that term as set forth in the Standard Contract Terms and Conditions.

Selection Standard After satisfaction of the Outreach Goals, the Bidder/Contractor is to make its final selection of award based on a determination of the best value proposal after consideration of such matters as…