2-RFPDOC 6000002879.pdf

DAC RFP

PROCUREMENT DEPARTMENT

ATTN: PROPOSAL CUSTODIAN

150 GREENWICH STREET, 21ST FLOOR

NEW YORK, NY 10007

REQUEST FOR PROPOSALS

ISSUE DATE: July 23, 2025

TITLE: REQUEST FOR PROPOSALS (“RFP”) FOR DESIGNATED

AVIATION CHANNELING (“DAC”) SERVICES FOR JOHN F.

KENNEDY INTERNATIONAL AIRPORT, NEWARK LIBERTY

INTERNATIONAL AIRPORT, LAGUARDIA AIRPORT AND NEW

YORK STEWART INTERNATIONAL AIRPORT ON A

REQUIREMENTS BASIS

RFP NO. : 6000002879

Refer to Section F. “Submission of Proposals” for submission instructions.

PRE-PROPOSAL MEETING: July 31, 2025 TIME: 10:00 A.M. (ET)

QUESTIONS DUE BY: August 6, 2025 TIME: 3:00 P.M. (ET)

PROPOSAL DUE DATE: August 20, 2025 TIME: 2:00 P.M. (ET)

BUYER NAME: SRIVIDYA DESHPANDE

PHONE: (212) 435-4637

EMAIL: sdeshpande@panynj.gov

TABLE OF CONTENTS

1. INFORMATION FOR PROPOSERS ON THIS REQUEST FOR PROPOSALS 7

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

B. Brief Summary of Scope of Work

C. Duration

D. Deadline for Receipt of Proposals

E. Vendor Profile

F. Submission of Proposals

G. Communications Regarding this RFP

H. Proposal Acceptance or Rejection

I. Union Jurisdiction

J. City Payroll Taxes

K. Pre-Proposal Meeting(s)

L. Background Qualification Questionnaire (BQQ)

M. Additional Proposer Information

N. Personnel Assurance Program and Contractor Staff Background Screening

O. Automated Clearing House Enrollment

P. Safe Vehicle Operation

2. SCOPE OF WORK

3. PROPOSER PREREQUISITES

4. FINANCIAL INFORMATION

5. EVALUATION CRITERIA AND RANKING

6. MBE/WBE/SDVOB SUBCONTRACTING PROVISIONS

7. PROPOSAL SUBMISSION REQUIREMENTS

A. Letter of Transmittal

B. Executive Summary

C. Agreement on Terms of Discussion

D. Certifications With Respect to the Contractor’s Integrity Provisions

E. Code of Ethics for Port Authority Vendors

F. Attachment B - Company Profile

G. Documentation of Proposer Prerequisites

H. Adherence to Security, Compliance and Technical Attachments

I. Proposal Content

J. Acknowledgment of Addenda

K. Acceptance of General Contract Provisions and Contract Specific Terms and Conditions

L. Subcontractors

M. MBE/WBE/SDVOB Participation Plan

N. Financials

P. Authorized Signature

8. CONDITIONS FOR THE SUBMISSION OF A PROPOSAL

A. Changes to this RFP

B. Proposal Preparation Costs

C. Disclosure of Proposal Contents / Use of Ideas and Materials

D. Ownership of Submitted Materials

E. Conflict of Interest

F. References

G. Evaluation Procedures and Negotiation

H. Taxes and Costs

I. Most Advantageous Proposal/No Obligation to Award

J. Multiple Contract Awards

K. Right to Extend Contract

L. Rights of the Port Authority

M. No Personal Liability

9. PRESENTATIONS

10. ATTACHMENTS

ATTACHMENT A - AGREEMENT ON TERMS OF DISCUSSION

ATTACHMENT B – COMPANY PROFILE

ATTACHMENT C-1 - PROPOSER REFERENCE FORM

ATTACHMENT D - PROPOSER SUBMISSION CHECKLIST

ATTACHMENT E - GENERAL CONTRACT PROVISIONS

1. GENERAL AGREEMENT

2. DEFINITIONS

3. GENERAL PROVISIONS

4. INTELLECTUAL PROPERTY

5. PROPRIETARY RIGHTS IN SUBJECT MATTER NOT WITHIN THE

INTELLECTUAL PROPERTY CLAUSE

6. INDEMNITY IN REGARD TO INFRINGEMENT MATTER

7. CONTRACT RECORDS AND DOCUMENTS, PASSWORDS AND CODES

8. COMPLIANCE WITH WEB SITE TERMS OF USE AND PRIVACY

POLICIES

9. TIME IS OF THE ESSENCE

10. FINAL PAYMENT

11. TERMINATION PROVISIONS, AND RIGHTS AND REMEDIES

12. WITHHOLDING OF PAYMENT

13. CONTRACTOR PERSONNEL STANDARDS OF PERFORMANCE

14. DESIGNATED SECURE AREAS

15. NOTIFICATION OF SECURITY REQUIREMENTS

16. INSURANCE PROCURED BY THE CONTRACTOR

17. ASSIGNMENTS AND SUBCONTRACTS

18. CERTAIN CONTRACTOR'S WARRANTIES

19. RIGHTS AND REMEDIES OF THE AUTHORITY

20. RIGHTS AND REMEDIES OF THE CONTRACTOR

21. TAX EXEMPTIONS

22. TITLE TO EQUIPMENT

23. NOTICE REQUIREMENTS

24. SERVICE OF NOTICES ON THE CONTRACTOR

25. NO THIRD PARTY RIGHTS

26. INDEMNIFICATION AND RISKS ASSUMED BY THE CONTRACTOR ..60

27. APPROVAL OF METHODS

28. PORT AUTHORITY STANDARDS AND GUIDELINES

29. SUBMISSION TO JURISDICTION

30. APPLICABLE LAW

31. AUTHORITY OF THE DIRECTOR

32. APPROVALS BY THE DIRECTOR

33. CONTRACT REVIEW AND COMPLIANCE AUDITS

34. AUTHORITY ACCESS TO RECORDS

35. HARMONY

36. CLAIMS OF THIRD PERSONS

37. NON-DISCRIMINATION REQUIREMENTS

38. CONTRACTOR’S INTEGRITY PROVISIONS

39. CONFIDENTIAL INFORMATION/NON-PUBLICATION

40. PROVISIONS OF LAW DEEMED INSERTED

41. INVALID CLAUSES

42. NO ESTOPPEL OR WAIVER

43. NON-LIABILITY OF THE AUTHORITY REPRESENTATIVES

44. MODIFICATION OF CONTRACT

45. MBE/WBE/SDVOB GOOD FAITH PARTICIPATION

46. TRASH REMOVAL

47. CODE OF ETHICS FOR PORT AUTHORITY VENDORS

48. CONTRACT RECORDS AND DECOMMISSION CLAUSE

49. SSAE 18 COMPLIANCE CLAUSE

50. NO VIRUSES/MALWARE

51. GENERAL OBLIGATIONS

52. PERSONAL PROTECTIVE EQUIPMENT REQUIREMENTS

53. ENTIRE AGREEMENT

ATTACHMENT F – Contract Specific Terms and Conditions

1. GENERAL AGREEMENT

2. DURATION OF CONTRACT

3. PAYMENT

4. EXTRA WORK

5. INCREASE AND DECREASE IN SERVICES, PERSONNEL, AREAS, OR

FREQUENCIES

6. REQUIRED SERVICE LEVELS AND DAMAGES FOR NON-

PERFORMANCE

7. CYBERSECURITY

8. MBE/WBE/SDVOB Subcontracting Provisions

9. SAFE VEHICLE OPERATION

ATTACHMENT G – SCOPE OF WORK

A. Definitions and Acronyms:

B. Introduction

C. General Requirements/Objective

D. Base Service Requirements and Service Levels

E. Transition Process

F. Data Compliance

G. Reporting

H. Interface

I. Test

J. Disaster Recovery Planning

K. Liquidated Damages Regarding Service Levels

L. Billing Requirements

M. Work Orders

ATTACHMENT H – Cost Proposal

ATTACHMENT I – Port Authority Agency Cybersecurity Standards and Guidelines

ATTACHMENT J -– Port Authority Cyber Security and Computing Resources Administrative Instruction (AI) 15-4.03

ATTACHMENT K -– The Port Authority of New York and New Jersey Information Security Handbook

ATTACHMENT L -– Technology Standards Overview for the Port Authority, Version 8.1

ATTACHMENT M – MBE/WBE/SDVOB Participation Plan

ATTACHMENT N – Statement of Subcontractor Payments

1. INFORMATION FOR PROPOSERS ON THIS REQUEST FOR PROPOSALS

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

The Port Authority of New York and New Jersey (the “Port Authority” or the “Authority”) is an agency of the States of New York and New Jersey, created and existing by virtue of the Compact of April 30, 1921, made by and between the two states, and thereafter consented to by the Congress of the United States. It is charged with providing transportation, terminal and other facilities of trade and commerce within the Port District. The Port District comprises an area of about 1,500 square miles in both states, centering about New York Harbor. The Port District includes the cities of New York and Yonkers in New York State, and the cities of Newark, Jersey City, Bayonne, Hoboken and Elizabeth in the state of New Jersey, and over 200 other municipalities, including all or part of seventeen counties, in the two states. For background information with respect to the Authority, see www.panynj.gov. Additionally, the most recent electronic version of the Authority’s Annual Report is available at http://www.panynj.gov/corporate-information/annual-reports.html..

To fulfill its mission, the Port Authority has embraced six priorities and standards. With these priorities and standards as its foundation, the Authority has recommitted itself to its mission to keep the region moving. View the Authority’s priorities and standards:

https://www.panynj.gov/content/dam/port-authority/about/Priorities_Standards_New_Brand_20191211.pdf

The Port Authority is hereby seeking proposals from qualified firms to provide Designated Aviation Channeling (“DAC”) Services for John F. Kennedy International Airport (“JFK”), Newark Liberty International Airport (“EWR”), LaGuardia Airport (“LGA”) And New York Stewart International Airport (“SWF”) on a requirements basis, as more fully described herein.

B. Brief Summary of Scope of Work

The Security Operations Department (“SOD”) of the Port Authority is seeking a Transportation Security Administration (“TSA”) certified Designated Aviation Channeling (“DAC”) service provider to receive and process federally-required background checks and vetting, consisting of, including but not limited to, a fingerprint-based Criminal History Record Check (“CHRC”) and biographic-based Security Threat Assessment (“STA”), TSA Federal Bureau of Investigation (“FBI”) Rap Back, and, Customs and Border Protection (“CBP”) E-Badge Program of each individual employed in, or applying for, access to secure areas of an airport.

C. Duration

The Contract shall be for a three (3) year base term (“Base Term”) with up to three (3), two (2) year option periods (“Option Periods”) each exercisable at the Port Authority’s sole discretion. The Contract shall also have an extension period of up to one hundred eighty (180) days after the Base Term or any of the Option Period(s) and shall be http://www.panynj.gov/ http://www.panynj.gov/corporate-information/annual-reports.html http://www.panynj.gov/corporate-information/annual-reports.html https://www.panynj.gov/content/dam/port-authority/about/Priorities_Standards_New_Brand_20191211.pdf https://www.panynj.gov/content/dam/port-authority/about/Priorities_Standards_New_Brand_20191211.pdf exercisable at the sole discretion of the Port Authority. The Contract may also have a two (2) month transition-in period, where the parties will work to transition to the new services, prior to the commencement of the Base Term, if applicable.

D. Deadline for Receipt of Proposals

The due date specified on the cover page is the Proposal Due Date. The closing of the Proposal Due Date is 2:00 P.M., Eastern Time (ET).

E. Vendor Profile

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

F. Submission of Proposals

The Port Authority has transitioned to an entirely digital submission process for the receipt of Proposals in response to Requests for Proposals, as detailed below.

Proposers are advised that their digital Proposals must be in a readable format, either Microsoft Word or Adobe PDF. Pricing sheets shall be submitted in Excel format.

Proposers shall be allowed to submit modifications to Proposals or withdraw previously submitted Proposals electronically up to, but not after, the time of the Proposal Due Date.

If a Proposer wishes to withdraw or modify a previously submitted Proposal prior to the Proposal Due Date, it must clearly identify such communication as either a “Modified Proposal” or “Request to Withdraw”.

PLEASE READ THE FOLLOWING DELIVERY REQUIREMENTS CAREFULLY.

Proposers assume all responsibility for delays or problems in delivery. The Port Authority has temporarily ceased public bid openings and will allow for the electronic submission of Proposals.

The Port Authority will allow for the digital submission of certain Proposals using the Bonfire platform, accessible via the link https://panynj.bonfirehub.com/portal/?tab=login Proposers MUST register in order to download the solicitation documents and associated information regarding the referenced solicitation and in order to upload Proposal submissions. Registration on the Bonfire platform requires a separate and distinct registration from all other Port Authority platforms.

THERE WILL BE NO PUBLIC BID OPENINGS AND HAND DELIVERIES WILL

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

https://www.paprocure.com/ https://panynj.bonfirehub.com/portal/?tab=login

Sealed Proposals 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 Proposals in electronic format, and in the same readable Adobe PDF or in the format as provided by the Port Authority. Proposal 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.

Although hand deliveries and mailed deliveries (e.g., UPS, USPS) will not be accepted, in place of electronic submission, the Port Authority may request an original, signed paper submission at any time following the Proposal 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.

Questions concerning Bonfire may be addressed to the contact provided on the Bonfire platform.

Questions concerning this solicitation shall be addressed only to the Buyer Specialists.

G. Communications Regarding this RFP

All communications concerning this RFP should be directed to the Buyers listed on the cover page (“Buyer Specialists”). All questions regarding this RFP should be submitted in writing to the Buyer Specialists at the email listed on the cover page no later than 3:00 p.m. (ET) on the Questions Due By date specified in the cover page.

The Buyer Specialists are authorized only to direct the attention of prospective Proposers to various portions of this RFP so that they may read and interpret such portions themselves.

Neither the Buyer Specialists nor any other employee of the Port Authority are authorized to interpret the provisions of this RFP or give additional information as to its requirements.

If interpretation or other information is required, it will be communicated to Proposers by written addenda and such writing shall form a part of this RFP.

H. Proposal Acceptance or Rejection

Acceptance by the Port Authority shall be made only by mailing to or electronically delivering at the office or email address designated by the Proposer in its Proposal, a notice in writing signed by an authorized representative on behalf of the Port Authority, specifically stating that the Proposal is accepted or by execution of an agreement covering the subject matter of this RFP signed by authorized representatives of the Port Authority and the Proposer. No other act of the Port Authority, its Commissioners, officers, agents, representatives, or employees shall constitute acceptance of a Proposal. Rejection of a Proposal shall be only by either (a) a notice in writing, electronically, specifically stating that the Proposal is not accepted, signed by an authorized representative of the Port https://panynj.bonfirehub.com/portal/?tab=login

Authority and mailed to or delivered electronically to the Proposer at the office or email address designated in the Proposal, or (b) omission of the Port Authority to accept the Proposal within 180 days after the Proposal Due Date. No other act of the Port Authority, its Commissioners, officers, agents, representatives or employees shall constitute rejection of a Proposal.

I. Union Jurisdiction

Proposers 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 Section of this RFP entitled “Harmony” included in the “General Contract Provisions” hereunder.

J. City Payroll Taxes

Proposers should be aware of the payroll taxes 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.

d. City of New Windsor, New York for services performed in New Windsor, New

York.

These taxes, if applicable, are the sole responsibility of the Contractor. Proposers 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 entitled “Tax Exemptions”, in the “General Contract Provisions” included herein, does not apply to these payroll taxes.

K. Pre-Proposal Meeting(s)

The Port Authority will conduct a Pre-Proposal Meeting via Microsoft Teams on July 31, 2025, from 10:00 A.M. to 11:00 A.M. ET.

Attendance is strongly recommended. Information conveyed may be useful to Proposers in preparing their Proposals and Proposers not attending assume all risks which may ensue from non-attendance.

The Pre-Proposal meeting will not consist of a Facility tour but will be held virtually.

Attendance will require use of a computer. No physical attendance allowed. In order to receive the Microsoft Teams meeting link, interested parties shall RSVP to Srividya Deshpande no later than the time and date specified in the notice at sdeshpande@panynj.gov with the subject: RFP # 6000002879 for DAC Services. You will receive an invitation via email with details about the Pre-Proposal Meeting. A meeting link and access phone number will be provided prior to the meeting to Proposers who have mailto:sdeshpande@panynj.gov

“Accepted” the meeting and complied with any additional security requirements that may be necessary.

Any questions concerning this RFP should be submitted in writing prior to the meeting so that the Port Authority may prepare responses in advance of the meeting. Additional questions may be permitted at the meeting; however, responses may be deferred and provided at a later date by written addenda.

RSVP information must include each individual’s:

1. Legal First and Last name

2. Company name

3. Phone Numbers (work and cell)

4. Email address

L. Background Qualification Questionnaire (BQQ)

The Bidder shall submit a completed BQQ as required for itself and shall direct all subcontractors and vendors known to the Bidder at the time of bid submission to submit a completed BQQ as well, noting “Bidder” or “proposed subcontractor” on the form. This document and instructions for submitting the completed BQQ to the Authority’s Office of Inspector General can be obtained at the Authority’s website through the following link:

https://www.panynj.gov/port-authority/en/help-center/oig.html.

M. Additional Proposer Information

Prospective Proposers are advised that additional vendor information, including, but not limited to forms, documents and other information, including MBE/WBE/SDVOB Participation Plan Submission Forms and protest procedures, may be found on the Port Authority website at: http://www.panynj.gov/business-opportunities/become-vendor.html.

N. 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 is not 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 https://www.panynj.gov/port-authority/en/help-center/oig.html http://www.panynj.gov/business-opportunities/become-vendor.html can be found at http://www.secureworker.com, or S.W.A.C. may be contacted directly at

(877) 522-7922.

O. Automated Clearing House Enrollment

The Port Authority 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 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 at 201 216-6002 o r emailed to ACHENROLLMENT@PANYNJ.GOV.

P. Safe Vehicle Operation

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

a. Information about their overall FMCSA safety program;

b. Information about their drivers training program;

c. Information about their vehicle maintenance program;

d. Results of Commercial Vehicle inspections; and

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

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

2. SCOPE OF WORK

The full Scope of Work is set forth in detail in ATTACHMENT G – Scope of Work.

3. PROPOSER PREREQUISITES

The Port Authority shall only consider Proposals from Proposers demonstrating compliance with the following:

A. At the time of proposal submission, the Proposer, as a business, shall have the official

Authority to Operate (ATO) as a DAC from the Transportation Security Administration (“TSA”), and any other certifications or accreditations required.

http://www.secureworker.com/ https://www.panynj.gov/business-opportunities/pdf/Vendor-ACH-auth-form.pdf https://www.panynj.gov/business-opportunities/pdf/Vendor-ACH-auth-form.pdf mailto:ACHENROLLMENT@PANYNJ.GOV

Note - Conditional acceptance, applications in process, or any status which is not full operational approval as a DAC service provider shall not be accepted.

In order to demonstrate fulfillment of Prerequisite A, Proposer must submit documentation executed by an authorized TSA representative evidencing the Proposer’s ATO.

B. At the time of proposal submission, the Proposer shall be actively performing DAC services pursuant to at least ten (10) contracts, three (3) of which must be with Category X Airports.

The Proposer shall complete ATTACHMENT C-2 – Proposer Prerequisite B Form, including any relevant documentation to demonstrate that it meets this prerequisite.

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

4. FINANCIAL INFORMATION

The Proposer will be required to demonstrate that it is financially capable of performing the Contract resulting from this RFP. The determination of the Proposer’s financial qualifications and ability to perform this Contract will be in the sole discretion of the Port Authority. The Proposer shall submit, with its Proposal, the documents set forth in Section 7(O) below.

5. EVALUATION CRITERIA AND RANKING

All Proposals will be reviewed by the Port Authority to determine if they adhere to the format required in this RFP, if they contain all required submissions and if the Proposer meets the prerequisites required for submission of a Proposal.

The evaluation process shall include a detailed review and evaluation of the criteria set forth in this Section below.

The following criteria, set forth in order of importance, will be utilized in evaluating Proposals. Certain criteria listed below may be of equal importance.

A. Technical Plan and Work Approach

The extent to which the proposal demonstrates the Proposer’s ability to execute the required services, including but not limited to:

1. Demonstrated technical ability to provide required services as outlined in the

ATTACHMENT G – Scope of Work, inclusive of work order process, and the technical approach to be used to assure consistent high-quality service.

2. Approach to each heading included in ATTACHMENT G – Scope of Work, including the completeness of the services proposed; the ability to satisfy or exceed the requirements described therein ;

3. Demonstrated ability to provide the Authority with maximum flexibility in terms of the services provided and the technologies employed, while adjusting to changes in TSA, CBP and FBI regulations and the Authority’s business requirement over the term of the contract; and changes in the Authority’s technology requirements.

4. Demonstrated ability to satisfy interface and related technical, business, security and audit concerns; proposed implementation plan; and transition planning approach that covers transition-in at contract commencement and transition-out at contract termination.

5. Rates per Hour for the various labor categories provided in ATTACHMENT H Exhibit C will be evaluated as part of the Technical Plan / Work Approach.

B. Management Approach and Management Team Experience

The extent and quality of relevant and successful experience, demonstrated ability, and management commitment of the Proposer, in providing the required services on a scale comparable to that described in the ATTACHMENT G – Scope of Work, including but not limited to:

1. Performance of DAC services in the five (5) years immediately preceding the date the Proposer’s Proposal is submitted.

2. The Proposer’s size, staffing capacity, financial capability and stability, industry track record, and capability to provide the managerial, technical and physical resources and experienced and certified staff to deliver the required services over an extended time period on a scale comparable to those described in this RFP.

3. The quality of management, the level of staff experience and knowledge of the requirements of the Scope of Work.

4. The Proposer’s ability, through business and industry relationships with relevant government agencies and partners and experience with other software vendors and clients, to provide strategic advisory services, to introduce alternative solutions and insight into the value and applicability of upgrades and new functionality while ensuring the overall integrity and security of said environment.

5. Consideration will be given to the degree of business risk assumed by the Port Authority as described in the Management approach. This will include, but not be limited to, assessment of the impact resulting from the possible failure of the Contractor to perform under the terms and conditions of this Contract.

C. Cost Proposal

The financial terms and fees proposed for all required services as set forth in the RFP.

The degree and extent to which the Proposal is cost effective to the Port Authority, the overall cost of the service, and any cost efficiencies available throughout the term of the Contract. The Proposer’s clear description of the methods, practices, tools and techniques that will result in cost containment, and the likelihood of those methods, practices, tools and techniques being successfully deployed.

6. MBE/WBE/SDVOB SUBCONTRACTING PROVISIONS

The Port Authority has a long-standing practice of making its business opportunities available to Minority Business Enterprises (MBEs), Women-owned Business Enterprises (WBEs), and most recently Service-disabled Veteran-owned Businesses (SDVOBs), and has taken affirmative steps to encourage such firms to seek business opportunities with the Port Authority. The successful Proposer (“Contractor”) will use good faith efforts to provide for meaningful participation by Port Authority certified MBE/WBE/SDVOBs as defined in this document. (See Section 8 of ATTACHMENT F, Contract Specific Terms and Conditions).

7. PROPOSAL SUBMISSION REQUIREMENTS

In order to expedite the evaluation of Proposals, the Proposer’s response to this RFP shall follow the format and order of items, using the same paragraph identifiers, as set forth below. Additionally, Proposer shall include completed ATTACHMENT D along with the Proposal submission.

A. Letter of Transmittal

The Proposer shall submit a “Letter of Transmittal” on its letterhead, signed by an authorized representative, stating its experience and qualifications in meeting the requirements of this RFP.

The Letter of Transmittal shall contain:

1. Name(s) and address(es) of the Proposer and an original or electronic signature on the Letter of Transmittal by an authorized representative on behalf of the Proposer;

2. Name(s), title(s) and telephone number(s) of the individual(s) who are authorized to negotiate and execute the Contract;

3. Name, title and telephone number of a contact person to which the Port Authority can address questions or issues related to this RFP;

4. Name(s) and address(es) of proposed Subcontractor(s), if any;

5. If a corporation: (a) a statement of the names and residences of its officers, and (b) a copy of its Certificate of Incorporation, with a written declaration signed by the secretary of the corporation, with the corporate seal affixed thereto, that the copy furnished is a true copy of the Certificate of Incorporation as of the date of the opening of the Proposals;

6. If a joint venture: a teaming agreement as referenced in Section 3 herein.

If a partnership: a statement of the names and residences of its principal officers, indicating which are general and which are special partners;

If an individual: a statement of residence.

B. Executive Summary

The Proposer shall submit a summary presenting the major features of its Proposal and how the Proposal satisfies the requirements contained in this RFP, as well as the special competencies and expertise of the Proposer to meet the requirements of this RFP.

C. Agreement on Terms of Discussion

The Proposer shall submit a copy of the “Agreement on Terms of Discussion,” signed by an authorized representative of the Proposer. The format thereof is included as ATTACHMENT A and shall be submitted by the Proposer without any alterations or deviations. Any Proposer who fails to sign the Port Authority's "Agreement on Terms of Discussion" will not have its Proposal reviewed.

D. Certifications With Respect to the Contractor’s Integrity Provisions

The Proposer, by signing the Letter of Transmittal, makes the certifications in the “Contractor’s Integrity Provisions,” included as Clause 38 in ATTACHMENT E – General Contract Provisions of this RFP. If the Proposer cannot make any such certifications, it shall enclose an explanation of that inability.

E. Code of Ethics for Port Authority Vendors

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

F. Attachment B - Company Profile

Proposer shall complete and submit ATTACHMENT B with Proposal.

https://www.panynj.gov/business-opportunities/become-vendor.html

G. Documentation of Proposer Prerequisites

The Proposer shall complete and submit ATTACHMENT C-2 including relevant additional documentation, to demonstrate that it meets all prerequisites.

H. Adherence to Security, Compliance and Technical Attachments

Submission of the Proposal shall include an attestation, with any exceptions noted, by the Proposer that it has the ability to perform all work required under the agreement resulting from the RFP in full compliance with the requirements of the following security, compliance, and technical attachments, as the same may be updated, amended, or modified from time to time:

1) ATTACHMENT I – Port Authority Agency Cybersecurity Standards and

Guidelines v. 3.1 July 22, 2022

2) ATTACHMENT J – Port Authority Cybersecurity and Computing Resources

Administrative Instruction (AI) 15-4.03, dated August 8, 2019

3) ATTACHMENT K – The Port Authority of New York and New Jersey

Information Security Handbook

4) ATTACHMENT L – Technology Standards Overview for the Port Authority, Version 8.1., dated May 2018

I. Proposal Content

The Proposer must submit a Proposal that details and clearly describes its experience and capability to perform the DAC services described in this RFP, its approach to such work, the cost of such work to the Port Authority, and the relevance of the Proposal to the Authority’s business needs. At a minimum, the Proposal shall address the following (labeling the response to this Section with the same outline identifiers and points specified below). Additional supporting information or material should be aligned with and included in one of the Sections specified below:

1) Technical Plan and Work Approach: Proposer shall detail its technical plan and work approach, which shall include, but not be limited to:

a. Description of the processes and methods used for uploading and processing STA’s and Fingerprints.

b. Description of general cost reconciliation processes and specifically note how costs are invoiced and tracked at the individual level.

c. Description of how bulk uploads are handled.

d. Discussion of the turn-around time for processing of fingerprints, to which you are prepared to commit.

e. Discussion of how your system will interface with the Port Authority’s IDMS.

f. Discussion of how Proposer determines defects in submissions.

g. Provision of templates or samples of end-user and technical documentation provided to clients.

h. Discussion of how the Port Authority’s users would be instructed in use of the services.

i. Description of upgrade and new release strategies, including how changes are integrated into the system and communicated to clients.

j. Demonstration of how changes required by 49 CFR 1542 and other agencies such as CBP, TSA, etc. will be incorporated.

k. Description of your custom work order process and how you handle customer specific requests.

l. Discussion of whether the Proposer will make read only access to the underlying data structures available to the Port Authority.

m. Description of the Proposers’ disaster recovery and business continuity plans, including, but not limited to, the frequency of testing and/or exercising of the plans and whether the Proposer shall agree to provide results and/or test certifications to the Port Authority.

n. Description of standards or certifications that the proposed solution, data center and Proposer adhere to (e.g. 6 Sigma for development, NIST 800 for security etc.).

o. Provision of detailed implementation and transition plans – inclusive of the tasks required, roles and responsibilities, skill sets, timeframes and dependencies. The plans should focus on how system and data integrity is maintained both during initial data loading / start up as well as ongoing processes.

p. Description of Proposer’s general technical architecture, system administration security and audit approaches to ensure continued security, quality, protection, and response to changing threats. Describe security protocols in place, or to be established, for its employees and/or subcontractors. Examples of protocols include background screening, employment verification, and ensuring client confidentiality.

q. Description of how the periodic reconciliation of data, as discussed in ATTACHMENT G - Scope of Work, is handled.

r. Rates per Hour for the various Labor categories provided in ATTACHMENT B Exhibit C will be evaluated as part of Technical Plan and Work Approach.

2) Management Approach and Management Team Experience: The Proposer shall describe in detail its experience, including relevant contracts performed in the last five years, its financial capability, management structure, and proposed staffing, including resumes and other supporting documentation, to perform and manage the work. In addition to the foregoing information, the Management Plan shall describe the anticipated roles and responsibilities of the Proposer and the expectations concerning the Authority's role. Moreover, the Management Plan shall demonstrate:

a. References / Case Studies – The Proposer shall provide a minimum of three (3) reference contacts and associated case studies demonstrating how the Proposer performed DAC services for other entities similar in size and complexity to the Port Authority. Proposer can use ATTACHMENT C-1 – Proposer Reference Form to provide this information.

b. Company Organization - The Proposer shall submit a comprehensive organizational chart indicating the proposed reporting structure and escalation channels. The Proposer shall provide a statement indicating qualifications and experience of technical, managerial and supervisory personnel employed by the Proposer who will be assigned to deliver services under this Contract.

c. Business and Industry Relationships – The Proposer shall describe the nature of the relationship with the relevant government agencies such as, but not limited to, TSA, FBI, CBP, etc.

d. Business Risk - The Proposer shall submit a risk assessment that discusses the business risk in taking on the significant amount of new work that will be required under this Contract, without affecting quality or timely completion of the work. The risk assessment plan should take into account all work currently under contract, as well as work that is under contract to companies which the Proposer owns, controls or has an interest.

3) Cost Proposal

The Proposer shall submit a Cost Proposal indicating the compensation that it expects to receive. The Cost Proposal shall be complete and inclusive of all work required by this RFP and shall include, but not be limited to, material and labor costs. The Cost Proposal should be submitted on ATTACHMENT H – Cost Proposal Form.

The Markup or Markdown entered on ATTACHMENT H, Exhibit B, shall remain firm and fixed for the duration of the Contract (Base Term as well as Option Periods and Extension Periods). The Proposer shall indicate their Markup (+) or Markdown (- ) or Zero (0) prices and shall not exceed two (2) decimal places. Unit Prices of relevant government agencies as well as the Proposer’s Unit Price shall not exceed two (2) decimal places. The Proposer shall provide, with the Proposal, written documentation as proof of the fees the TSA and FBI charges the Proposer. The Contract will commence with the Unit Prices entered on ATTACHMENT H. However, the Contractor shall notify the Port Authority in a timely manner should the TSA and/or the FBI change, in any manner, the costs it charges the Proposer for the items listed in ATTACHMENT H, and provide written documentation of same, with a written request for the Port Authority to consider a change to the pricing structure.

J. Acknowledgment of Addenda

If any addenda are posted or sent as part of this RFP, the Proposer shall complete, sign and include with its Proposal the addenda form(s). If a Proposer fails to conform to these instructions, its Proposal will nevertheless be construed as though the addenda had been acknowledged.

Itis the responsibility of the Proposer to periodically check the Port Authority website at http://www.panynj.gov/business-opportunities/bid-proposal-advertisements.html and download any addenda that might have been issued in connection with this solicitation.

K. Acceptance of General Contract Provisions and Contract Specific Terms and

Conditions http://www.panynj.gov/business-opportunities/bid-proposal-advertisements.html

The Port Authority has attached to this RFP as ATTACHMENT E, General Contract Provisions, and ATTACHMENT F, Contract Specific Terms and Conditions governing the Contract. The Proposer is expected to agree with these General Contract Provisions, and Contract Specific Terms and Conditions. However, if the Proposer has any specific exceptions, such exceptions should be set forth in a separate letter included with its response to this RFP, with redlines tracking proposed alternative language, which the Port Authority is under no obligation to consider. After the Proposal Due Date, the Proposer will be precluded from raising any exceptions unless such exceptions are justified by and directly related to substantive changes in the business or technical requirements and are agreed to by the Proposer and the Port Authority.

L. Subcontractors

If a Proposer intends to use Subcontractor(s) the Proposer must identify in its Proposal the names of the Subcontractor(s) and the portions of the work the Subcontractor(s) will perform.

M. MBE/WBE/SDVOB Participation Plan

The Proposer shall submit an MBE/WBE/SDVOB Participation Plan in accordance with Section 6, entitled “MBE/WBE/SDVOB Subcontracting Provisions”.

N. Financials

The Proposer shall submit, with its Proposal, the following:

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

(2) Where the certified financial statements in (1) above are not available, then reviewed statements from an independent accountant setting forth the aforementioned information shall be provided.

(3) A statement of work which the Proposer has on hand, including any work on which a bid and/or Proposal 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 Proposer’s work on these jobs.

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

Where the statements submitted pursuant to subparagraphs (1) and (2) aforementioned do not cover a period which includes a date not more than forty-five (45) days prior to the Proposal Due Date, then the Proposer shall also submit a statement in writing, signed by an executive officer or his/her designee, that the present financial condition of the Proposer is at least as good as that shown on the statements submitted.

P. Authorized Signature

Proposals must be signed by an authorized corporate officer (e.g., President or Vice President), General Partner, or such other individual authorized to bind the Proposer to the provisions of its Proposal and this RFP.

8. CONDITIONS FOR THE SUBMISSION OF A PROPOSAL

In addition to all other requirements of this RFP, the Proposer agrees to the following conditions for the submission of its Proposal.

A. Changes to this RFP

At any time, in its sole discretion, the Port Authority may by written addenda, modify, correct, amend, cancel and/or reissue this RFP. If an addendum is issued prior to the date Proposals are due, it will be provided to all parties in the medium in which the parties obtained the RFP. If an addendum is issued after Proposals have been received, the addendum will be provided only to those whose Proposals remain under consideration at such time.

B. Proposal Preparation Costs

The Port Authority shall not be liable for any costs incurred by the Proposer in the preparation, submittal, presentation, or revision of its Proposal, or in any other aspect of the Proposer’s pre-contract activity. No Proposer is entitled to any compensation except under an agreement for performance of services signed by an authorized representative of the Port Authority and the Proposer.

C. Disclosure of Proposal Contents / Use of Ideas and Materials

Proposal information is not generally considered confidential or proprietary. All information contained in the Proposal is subject to the “Agreement on Terms of Discussion” attached hereto as ATTACHMENT A.

D. Ownership of Submitted Materials

All materials submitted in response to or in connection with this RFP shall become the property of the Port Authority. Selection or rejection of a Proposal shall not affect this right.

E. Conflict of Interest

If the Proposer or any employee, agent or Subcontractor of the Proposer may have a possible conflict of interest, or may give the appearance of a possible conflict of interest, the Proposer shall include in its Proposal a statement indicating the nature of the conflict.

The Port Authority reserves the right to disqualify the Proposer if, in its sole discretion, any interest disclosed from any source could create a conflict of interest or give the appearance of a conflict of interest. The Port Authority’s determination regarding any questions of conflict of interest shall be final.

F. References

The Port Authority may consult any reference familiar with the Proposer regarding its current or prior operations and projects, financial resources, reputation, performance, or other matters. Submission of a Proposal shall constitute permission by the Proposer for the Port Authority to make such inquiries and authorization to third parties to respond thereto.

G. Evaluation Procedures and Negotiation

Only Proposers which meet the prerequisites, if any, may have their Proposals evaluated based on the evaluation criteria set forth in this RFP. The Port Authority may use such procedures that it deems appropriate to evaluate such Proposals. The Port Authority may elect to initiate Contract negotiations with one or more Proposers including negotiation of costs/price(s) and any other term or condition, including modifying any requirement of this RFP. The option of whether or not to initiate Contract negotiations rests solely with the Port Authority.

H. Taxes and Costs

Purchases of services and tangible personal property by the Port Authority in the States of New York and New Jersey are generally exempt from state and local sales and compensating use taxes, and from most federal excises (collectively, “Taxes”). All costs associated with the Contract must reflect this exemption and be stated in U.S. currency.

I. Most Advantageous Proposal/No Obligation to Award

The Port Authority reserves the right to award the Contract to the Proposer whose Proposal the Port Authority believes, in its sole discretion, will be the most advantageous to the Port Authority. Neither the release of this RFP nor the acceptance of any response thereto shall compel the Port Authority to accept any Proposal. The Port Authority shall not be obligated in any manner whatsoever to any Proposer, including the Proposer proposing the lowest price, until a Proposal is accepted by the Port Authority in the manner provided in the Section 1.H of this RFP entitled “Proposal Acceptance or Rejection.”

J. Multiple Contract Awards

The Port Authority reserves the right to award multiple Contracts for the products, work and/or services that are the subject matter of this RFP and Proposers are hereby given notice that they may not be the Port Authority’s only Contractor for such products, work and/or services.

K. Right to Extend Contract

The Port Authority reserves the right to extend the Contract term for up to an additional 180 days, upon the same terms and conditions of the original Contract negotiated between the Port Authority and the successful Proposer.

L. Rights of the Port Authority

(1) The Port Authority reserves all its rights at law and equity with respect to this RFP including, but not limited to, the unqualified right, at any time and in its sole discretion, to change or modify this RFP, to reject any and all Proposals, to waive defects or irregularities in Proposals received, to seek clarification of Proposals, to request additional information, to request any or all Proposers to make a presentation, to undertake discussions and modifications with one or more Proposers, or to negotiate an agreement with any Proposer or third person who, at any time, subsequent to the deadline for submissions to this RFP, may express an interest in the subject matter hereof, to terminate further participation in the Proposal process by a Proposer or to proceed with any Proposal or modified Proposal, which in its judgment will, under all circumstances, best serve the Port Authority’s interest. The Port Authority may, but shall not be obliged to, consider incomplete Proposals or to request or accept additional material or information. The holding of any discussions with any Proposer shall not constitute acceptance of a Proposal, and a Proposal may be accepted with or without discussions.

(2) No Proposer shall have any rights against the Port Authority arising from the contents of this RFP, the receipt of Proposals, or the incorporation in or rejection of information contained in any Proposal or in any other document.

The Port Authority makes no representations, warranties, or guarantees that the information contained herein, or in any addenda hereto, is accurate, complete, or timely or that such information accurately represents the conditions that would be encountered during the performance of the Contract. The furnishing of such information by the Port Authority shall not create or be deemed to create any obligation or liability upon it for any reason whatsoever and each Proposer, by submitting its Proposal, expressly agrees that it has not relied upon the foregoing information, and that it shall not hold the Port Authority liable or responsible therefor in any manner whatsoever.