NJSIG-2024-005 - ESX Server Hardware FINAL.pdf

New Jersey Schools Insurance Group

6000 Midlantic Drive, Suite 300 North Mount Laurel, New Jersey 08054 www.njsig.org

Advertisement for Bids: NJSIG-2024-005

For: VMware Virtual Network ESX Server Hardware and SAN

Storage Server Hardware

Event Date

Advertisement posted: July 9, 2024

Questions regarding the advertisement due: July 17, 2024

Answers regarding the advertisement posted: July 24, 2024

Bid opening date and time: August 7, 2024 at 10:00 A.M. EST

NJSIG Board of Trustees approval: September 18, 2024

Dates are subject to change. All changes will be reflected in Addenda to the advertisement posted on the NJSIG e-procurement website at www.bidnetdirect.com//njsig about:blank http://www.bidnetdirect.com/njsig

LEGAL NOTICE

Notice is hereby given by the New Jersey Schools Insurance Group (“NJSIG”), in accordance with N.J.S.A. 18A:18A-4, that a competitive bidding procurement will be received by NJSIG on August 7, 2024 at 10:00 A.M. prevailing time conducted on electronic platform, in accordance with N.J.A.C. 5:34-1 et. seq., on BIDNET at www.bidnetdirect.com//njsig

Advertisement for Bids # NJSIG-2024-005 VMware Virtual Network ESX Server Hardware and SAN Storage Server Hardware

NOTE:

It is the bidder’s responsibility to ensure that the bid package is uploaded onto the e-procurement site by the bid opening date and time. Any bid document received after the deadline established by NJSIG will not be accepted, regardless of the method of delivery.

If awarded a contract, your company/firm shall be required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et. seq.

This procurement has been advertised pursuant to “fair and open process.” See N.J.S.A.

19:44A-20.7 and Local Finance Notice 2007-11.

Date: July 9, 2024 Sean Canning, QPA, MPA Qualified Purchasing Agent

Page i of ii

Table of Contents

1 Information for Bidders

1.1 Purpose and Intent

1.2 Organizational Background

1.3 Background for Requested Bid

1.4 Advertisement Objective

1.5 Scope of Work

1.6 Questions Regarding the Advertisement

1.7 Addenda

1.8 Bidder Responsibility

1.9 Cost Liability

1.10 Contents of Bid

1.11 Price Alteration

1.12 Bid Errors

1.13 Joint Venture

1.14 Definitions

2 Bid Preparation and Submission

2.1 Method of Submission of Bid

2.2 Effect of Submission of Bid

2.3 Time for Submission of Bid

2.4 Mandatory Contents of Bid

2.5 Fee Proposal

2.6 Technical Proposal

2.6.1 Executive Summary

2.6.2 General Information

2.6.3 Organization Profile and Experience

2.6.4 Qualifications and Experience

2.6.5 Required Forms

2.6.5.1 Ownership Disclosure Form

2.6.5.2 Business Registration

2.6.5.3 Disclosure of Investment Activities in Iran and Prohibited Activities in Russia and Belarus

2.6.5.4 Mandatory Equal Employment Opportunity Language

2.6.5.5 Additional Mandatory Anti-Discrimination Language

2.6.6 Disclosure Statement on Political Contributions

2.6.7 Record Retention

3 Special Contractual Terms and Conditions

Page ii of ii

4 Bid Evaluation

4.1 Selection Criteria

4.2 Evaluation Committee

5 Contract Award

6 Contract Administration

7 Bidder’s Checklist

1 Information for Bidders

1.1 Purpose and Intent

The New Jersey Schools Insurance Group (“NJSIG”) is seeking bids from qualified organizations for hardware to upgrade NJSIG’s virtual network ESX server and SAN storage server, as well as associated upgrade installation services. Your organization is invited to submit a bid.

This solicitation is conducted in a fair and open process in accordance with the requirements for competitive contracting under the Public School Contracts Law, N.J.S.A. 18A:18A-1, et seq. This solicitation is specifically seeking bids from qualified organizations that desire to provide server network hardware and associated installation services for upgrading NJSIG’s virtual network ESX server and SAN storage server, within the Scope of Work described below.

1.2 Organizational Background

NJSIG is a school board insurance group, also known as a governmental risk pool, established in accordance with P.L. 1983, c. 108, that provides insurance coverage and risk management services to member school districts.

The concept of pooling is one whereby public entities can join together to provide protection from risks on a group basis. As a school board insurance group, NJSIG is governed by a Board of Trustees which is comprised of school board members, superintendents, and business administrators from NJSIG member districts.

By joining NJSIG, members collectively attain benefits not possible individually and pool their premiums into a common fund to be used for the benefit of all members.

NJSIG is comprised of about four hundred boards of education and charter school districts, and offers members a cost-effective method of obtaining coverage for all property and casualty lines, including but not limited to: workers’ compensation, general liability, automobile liability, automobile physical damage, excess liability, property, errors and omissions, crime, environmental liability, equipment breakdown, cyber liability, supplemental indemnity, terrorism, crisis management, and RESTART. NJSIG provides members with claims administration, underwriting, and loss control services.

1.3 Background for Requested Bid

NJSIG is looking to upgrade its virtual network ESX server and SAN storage server and to secure associated on-site installation services to assist with the upgrade and installation.

1.4 Advertisement Objective

NJSIG’s objective with this advertisement is to identify an organization to provide pricing on the list of hardware defined in this advertisement, along with installation services to assist NJSIG staff with the hardware upgrade within the 3rd quarter of 2024.

1.5 Scope of Work

I. Hardware:

In accomplishing its work, NJSIG requires the following Hewlett Packard Enterprise hardware (or its equivalent1):

ITEM DESCRIPTION QTY

P52499-

B21 HPE DL360 G11 8SFF NC CTO CHASSIS 3

P49600- B21 HPE GOLD 6448Y 2.1GHz 32C 195W CPU 6

P48905-

B21 HPE HIGH PERF HEAT SINK KIT DL3XX/560 G11 6

P43328-

B21 HPE 32GB DRX8 DDR5-4800 SMART MEM KIT 48

P58335- B21 HPE MR408i-o x8 4GB OCP CONTROLLER GEN11 3

P01366-

B21 HPE 96W SMART STORAGE BATTERY 145MM KIT 3

P48918-

B21 HPE CONTROLLER ENABLEMENT CBL KIT DL3XX G11 3

P48895- B21 HPE 8SFF x1 U.3 TRI-MODE BACKPLANE KIT DL360 G11 3

P40496-

B21 HPE 240GB SATA 6G RI SFF BC MV SSD 6

1 “Where a bidder submits an equivalent, it shall be the responsibility of the bidder to document the equivalence claim. Failure to submit such documentation shall be grounds for rejection of the claim of equivalence.” N.J.A.C. 5:34-9.2(c).

P51181-

B21 HPE BCM5719 ETH 1GB 4-PORT BASE-T OCP3 ADPTR 3

P26259-

B21 HPE BCM57412 ETH 10GB 2-PORT SFP+ ADPTR 3

P51911-

B21 HPE CPU1/OCP2 X8 ENABLE KIT DL360 G11 3

P48908-

B21 HPE 1U HIGH PERF FAN KIT DL3X0 G11 3

P38995-

B21 HPE 800W FLEX SLOT PLAT HS PWR SUPP G10 6

P52341-

B21 HPE EASY INSTALL RAIL KIT 3 DL3XX G11 3

AF556A HPE 1.83M PWR CORD 110V C13-5-15 10A 6

BD505A HPE ILO ADV W/ 3YR 24X7 TS SVR LTU 3

H93B6E HPE Tech Care Essential - 3 Year - Warranty - On-site - Technical 3 year

N9X91A HPE 1.6TB SAS 12G MU SFF MSA SSD (MSA DRIVES) 10

Note that all bidders offering to provide the hardware described above must submit an itemized cost and total cost consistent with the attached Bidder’s Proposal Form.

All bidders must agree that their bid conforms to the minimum requirements set forth above.

II. Upgrade Installation Services

In addition to the hardware outlined above, NJSIG also requires on-site installation services to assist with the upgrade and installation of the above hardware. These installation services should be quoted separately from the hardware quote and must include estimated hours, hourly rate, and an outlined project scope for this upgrade.

Bidders offering to provide these installation services must:

Have extensive experience with VMware vSphere, vCenter, and ESX environments, including the following vSphere features: DRS, HA, FT, Snapshots, and IP Storage/SAN management;

Have extensive experience with Veeam Version 12, backup, replication, and failover;

Have extensive knowledge and experience with HP server hardware and SAN storage;

Work with our current cloud storage disaster recovery/continuity vendor to maintain our current replication and backup schedules on the new hardware, while maintaining the data integrity and security of NJSIG’s network;

Attend, through its designated representatives, such meetings of NJSIG as may be requested by NJSIG’s Board of Trustees, Director, or Information Technology Manager;

Note that all bidders offering to provide installation services must submit an Upgrade Plan with a timeline that defines all steps in the hardware upgrade from start to finish; and

All bidders must agree that their bid conforms to the minimum requirements set forth above.

1.6 Questions Regarding the Advertisement

NJSIG will accept questions and inquiries from all potential bidders electronically through www.bidnetdirect.com//njsig.

Questions should be directly tied to the advertisement and asked in consecutive order, from beginning to end, following the organization of the advertisement. Each question should begin by referencing the advertisement page number and section number to which it relates. Bidders are not to contact NJSIG personnel directly, in person, by telephone or by email, concerning this advertisement. Answers to questions submitted regarding this advertisement, if any, will be posted on the NJSIG e-procurement website at www.bidnetdirect.com//njsig

The cut-off date for the submission of questions relating to this advertisement is indicated on the cover sheet. Any questions received after that date will not be accepted.

1.7 Addenda

If it becomes necessary to clarify or revise this advertisement, such clarification or revision will be by addendum. Any addendum to this advertisement will become part of this advertisement and part of any contract awarded because of this advertisement.

All advertisement addenda will be issued via NJSIG’s e-procurement website at www.bidnetdirect.com//njsig, and notification will be published. If an addendum is published after the receipt of a bid, the bidder will be notified via a method of delivery that provides certification of delivery.

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1.8 Bidder Responsibility

The bidder assumes sole responsibility for the complete effort required in submitting a bid in response to this advertisement. No special consideration will be given after bids are opened because of a bidder’s failure to be knowledgeable as to all the requirements of this advertisement.

1.9 Cost Liability

NJSIG assumes no responsibility and bears no liability for costs incurred by a bidder in the preparation and submittal of a bid in response to this advertisement.

1.10 Contents of Bid

After bid opening, all information submitted by bidders in response to the advertisement is considered public information, except as may be exempted from public disclosure by the Open Public Records Act, N.J.S.A. 47:1A-1, et seq., and the common law. As required under N.J.S.A. 18A:18A-21(b), bids will be made public at the time and place at which the bids will be received, as described on the cover page.

A bidder may designate specific information as not subject to disclosure when the bidder has a good faith legal/factual basis for such assertion. NJSIG reserves the right to make the determination and will advise the bidder accordingly. The location in the bid of any such designation must be clearly stated in a cover letter. NJSIG will not honor any attempt by a bidder either to designate its entire bid as proprietary and/or to claim copyright protection for its entire bid.

By submitting a bid in response to this advertisement, the bidder waives any claims of copyright protection set forth within the manufacturer’s price list and/or catalogs.

1.11 Price Alteration

Bid prices must be typed or written in ink. Any price change must be initialed. Failure to initial price changes shall preclude a contract award from being made to the bidder.

1.12 Bid Errors

A bidder may request that its bid be withdrawn prior to bid opening. Such a request must be made, in writing, to the Director. If the request is granted, the bidder may submit a revised bid if the bid is received prior to the announced date and time for bid opening and at the place specified.

If, after bid opening but before contract award, a bidder discovers an error in its bid, the bidder may make written request to the Director for authorization to withdraw its bid from consideration for award. Evidence of the bidder’s good faith in making this request shall be used in making the determination. The factors that will be considered are that the mistake is so significant that to enforce the contract resulting from the bid would be unconscionable; that the mistake relates to a material feature of the contract;

that the mistake occurred notwithstanding the bidder’s exercise of reasonable care; and that NJSIG will not be significantly prejudiced by granting the withdrawal of the bid.

All bid withdrawal requests must include the bid identification number and the final bid opening date and sent to the address listed under “Method of Submission of Bid.”

If, during a bid evaluation process, an obvious pricing error made by a potential contract awardee is found, the Director shall issue written notice to the bidder. The bidder will have five days after receipt of the notice to confirm its pricing. If the bidder fails to respond, its bid shall be considered withdrawn, and no further consideration shall be given it. If it is discovered that there is an arithmetic disparity between the unit price and the total extended price, the unit price shall prevail. If there is any other ambiguity in the pricing other than a disparity between the unit price and extended price and the bidder’s intention is not readily discernible from other parts of the bid, the Director may seek clarification from the bidder to ascertain the true intent of the bid.

1.13 Joint Venture

If a joint venture is submitting a bid, the agreement between the parties relating to such joint venture must be submitted with the joint venture’s bid. Authorized signatories from each party comprising the joint venture must sign the bid. Separate compliance forms must be supplied for each party to a joint venture (see Bidder’s Checklist, below).

1.14 Definitions

Addendum – written clarification or revision to this advertisement issued by NJSIG.

Advertisement – this document which establishes the bid and contract requirements and solicits bids to meet the purchase needs of NJSIG as identified herein.

All-Inclusive Hourly Rate – an hourly rate comprised of all direct and indirect costs including, but not limited to: overhead, fee or profit, clerical support, travel expenses, per diem, safety equipment, materials, supplies, managerial support and all documents, forms, and reproductions thereof. This rate also includes portal-to-portal expenses as well as per diem expenses such as food.

Amendment – a change in the scope of work to be performed by the contractor. An amendment is not effective until it is signed by the Executive Director, or a Manager of, NJSIG.

Bidder – an individual or business entity submitting a bid in response to this advertisement.

Contract – this advertisement, any addendum to this advertisement, and the bidder’s bid submitted in response to this advertisement, as accepted by NJSIG.

Director – Executive Director, NJSIG.

Committee – a committee established by the Director to review and evaluate bids submitted in response to this advertisement and to recommend a contract award to the Director.

Firm Fixed Price – a price that is all-inclusive of direct cost and indirect costs, including, but not limited to, direct labor costs, overhead, fee or profit, clerical support, equipment, materials, supplies, managerial (administrative) support, all documents, reports, forms, travel, reproduction, and any other costs. No additional fees or costs shall be paid by NJSIG unless there is a change in the scope of work.

Joint Venture – a business undertaking by two or more entities to share risk and responsibility for a specific project.

May – denotes that which is permissible, not mandatory.

Project – the undertaking or services that are the subject of this advertisement.

Shall or Must – denotes that which is a mandatory requirement. Failure to meet a mandatory requirement will result in the rejection of a bid as materially non-responsive.

Should – denotes that which is recommended, not mandatory.

2 Bid Preparation and Submission

2.1 Method of Submission of Bid

It is the bidder’s responsibility to ensure that the bid package is uploaded onto NJSIG’s e-procurement site www.bidnetdirect.com//njsig, by the bid opening date and time listed on the cover page. Any bid document received after the deadline established by the NJSIG will not be accepted, regardless of the method of delivery. Bids shall be labeled as follows:

NJSIG Advertisement for Bids Number NJSIG-2024-005 New Jersey Schools Insurance Group 6000 Midlantic Drive, Suite 300 North Mount Laurel, NJ 08054

Bids submitted via any other method will not be accepted.

2.2 Effect of Submission of Bid

Submission of a bid will not bind or otherwise obligate NJSIG to retain the bidder.

2.3 Time for Submission of Bid

To be considered for award, the bid must be received by NJSIG by the method outlined above and by the bid opening date and time listed on the cover page. Any bid not received by the bid opening date and time listed on the cover page will be rejected.

2.4 Mandatory Contents of Bid

The bid shall be submitted in one uploaded response.

The contents of the response shall be organized chronologically as follows: Fee Proposal (Section 2.5), Technical Proposal (Section 2.6), Executive Summary (Section 2.6.1), General Information (Section 2.6.2), Organization Profile and Experience (Section 2.6.3), Qualifications and Experience (Section 2.6.4), and Required Forms (Section 2.6.5 and Bidder’s Checklist).

These required contents are outlined more fully below.

2.5 Fee Proposal

1. For purposes of accurate bid comparison, and ease of administration, NJSIG requires that fee proposals be stated on the following basis:

a. Itemized cost and total cost for the hardware listed in the table in the Scope of Work.

b. Hourly rate(s) for the installation services outlined in the Scope of Work.

2.6 Technical Proposal

In this section, the organization shall describe its approach and plans for accomplishing the work outlined in the Scope of Work (Section 1.5). The organization must set forth its understanding of the requirements of this advertisement and its ability to successfully complete the contract. This Section of the bid must contain at least the following information:

2.6.1 Executive Summary

An executive summary of not more than three pages identifying and substantiating why the organization is best qualified to provide the requested services outlined in the Scope of Work (Section 1.5).

2.6.2 General Information

The response must detail the organization’s experience, personnel, proposed scope and approach, and any other relevant information as set forth in greater detail below.

All portions of this advertisement and the response are considered to be part of the contract and will be incorporated by reference therein.

All the requirements in the Mandatory Contents of Bid section must be complied with in order for the response to be considered responsive to this advertisement and complete.

2.6.3 Organization Profile and Experience

As a minimum, it is preferred the bidder have ten years’ experience providing the kind of good(s) or service(s) outlined in the Scope of Work for public entities in the State of New Jersey. The bidder must also:

Indicate the date your organization was established.

Describe the services provided by your organization.

Identify the number of employees in your organization. Indicate any special training or experience members of your organization possess that may assist in providing the requested services.

Describe your organization’s ability to successfully complete a contract for the goods/services described herein, in accordance with the contract’s requirements, including but not limited to requirements pertaining to experience, moral integrity, operating capacity, financial capacity, credit, and workforce, equipment, and facilities availability.

Provide the name, address, telephone number, email address, and facsimile number for the designated contact person in your organization.

2.6.4 Qualifications and Experience

Describe your organization’s experience in providing the kind of good(s) or service(s) outlined in the Scope of Work to public entities in the State of New Jersey.

State the qualifications and experience of the employees proposed to staff the work assigned.

In addition to the above, see also the Experience and Qualifications document attached hereto and incorporated herein, which must be completed as part of any response.

2.6.5 Required Forms

As a school board insurance group, NJSIG is subject to the Public School Contracts Law (“PSCL”), N.J.S.A. 18A:18A-1 et seq., N.J.S.A. 52:25-24.2 (P.L. 1977, c. 33, as amended by P.L. 2016, c. 43), as well as other statutes and regulations governing public contracting in the State of New Jersey. As such, the following compliance information must be included in any contract with NJSIG.

For a summary of the forms required to be submitted by the bidder to NJSIG for this advertisement, see Bidder’s Checklist, below.

2.6.5.1 Ownership Disclosure Form

The following requirement is a precondition to entering into a contract with NJSIG.

Under N.J.S.A. 52:25-24.2, “No corporation, partnership, or limited liability company shall be awarded any contract nor shall any agreement be entered into for the performance of any work or the furnishing of any materials or supplies, the cost of which is to be paid with or out of any public funds, by the State, or any county, municipality or school district, or any subsidiary or agency of the State, or of any county, municipality or school district, or by any authority, board, or commission which exercises governmental functions, unless prior to the receipt of the bid or accompanying the bid, of said corporation, said partnership, or said limited liability company there is submitted a statement setting forth the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. If one or more such stockholder or partner or member is itself a corporation or partnership or limited liability company, the stockholders holding 10 percent or more of that corporation’s stock, or the individual partners owning 10 percent or greater interest in that partnership, or the members owning 10 percent or greater interest in that limited liability company, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member, exceeding the 10 percent ownership criteria established in this act, has been listed.”

Thus, in the event the bidder is a corporation, partnership or limited liability company, the bidder must complete the attached Ownership Disclosure Form. A current completed Ownership Disclosure Form must be received prior to or accompany the bid. Failure to do so will preclude the award of a contract.

2.6.5.2 Business Registration

Under N.J.S.A. 52:32-44(b), NJSIG (“Contracting Agency”) is prohibited from entering into a contract with an entity unless the bidder/proposer/contractor, and each subcontractor that is required by law to be named in a bid/proposal/contract, has a valid Business Registration Certificate on file with the Division of Revenue and Enterprise Services within the Department of the Treasury.

Prior to contract award or authorization, the contractor shall provide the Contracting Agency with its proof of business registration and that of any named subcontractor(s).

Subcontractors named in a bid or other proposal shall provide proof of business registration to the bidder, who in turn, shall provide it to the Contracting Agency prior to the time a contract, purchase order, or other contracting document is awarded or authorized.

Further, during the course of contract performance:

1. The contractor shall not enter into a contract with a subcontractor unless the subcontractor first provides the contractor with a valid proof of business registration.

2. The contractor shall maintain and submit to the Contracting Agency a list of subcontractors and their addresses that may be updated from time to time.

3. The contractor and any subcontractor providing goods or performing services under the contract, and each of their affiliates, shall collect and remit to the Director of the Division of Taxation in the Department of the Treasury, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into the State. Any questions in this regard can be directed to the Division of Taxation at (609)292-6400. Form NJ- REG can be filed at http://www.state.nj.us/treasury/revenue/busregcert.shtml.

Before final payment is made under the contract, the contractor shall submit to the Contracting Agency a complete and accurate list of all subcontractors used and their addresses.

Under N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a business registration as required, or that provides false business registration information, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for each proof of business registration not properly provided under a contract with a contracting agency.

2.6.5.3 Disclosure of Investment Activities in Iran and Prohibited Activities in Russia and Belarus

Under N.J.S.A. 18A:18A-49.4 and -49.5, N.J.S.A. 52:32-55 et seq., N.J.S.A. 52:32-60.1 et seq., and Local Finance Notice 2024-04, the bidder must certify as follows:

1. That neither the bidder, nor any of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32-56(e)(3)), is identified on the Chapter 25 List promulgated by the State of New Jersey, Department of the Treasury, as a person or entity engaging in investment activities in Iran; and

2. That neither the bidder, nor any of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32-60.1(e)(3)), appears on the Specially Designated Nationals and Blocked Persons List (“SDN List”) promulgated by the United States Department of the Treasury, Office of Foreign Assets Control, on account of activity relating to Russia or Belarus.

Chapter 25 List: http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf

SDN List: https://sanctionssearch.ofac.treas.gov/

The required forms are attached and must be provided prior to contract award or authorization.

2.6.5.4 Mandatory Equal Employment Opportunity Language

Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. (P.L.

1975, c. 127) and N.J.A.C. 17:27 (mandatory equal employment opportunity language for goods, professional service, and general service contracts).

During the performance of this contract, and as required under N.J.A.C. 17:27-3.5(a)(2), the contractor agrees as follows:

i. The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf https://sanctionssearch.ofac.treas.gov/

ii. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.

iii. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

iv. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time.

During the performance of this contract, and as required under N.J.A.C. 17:27-3.7(a), the contractor further agrees as follows:

i. The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C.

17:27-5.2.

ii. The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

iii. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

iv. In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

As required under N.J.A.C. 17:27-3.5(a)(1), the contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:

1. Letter of Federal Affirmative Action Plan Approval;

2. Certificate of Employee Information Report Approval; or

3. Employee Information Report (Form AA302) electronically provided by the Division of Purchase and Property established in the State of New Jersey, Department of the Treasury, and distributed to the public agency through the Division’s website at www.state.nj.us/treasury/contract_compliance.

As required under N.J.A.C. 17:27-11.1, the contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase and Property, CCAU, EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Purchase and Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to N.J.A.C. 17:27-10.

2.6.5.5 Additional Mandatory Anti-Discrimination Language

Bidders are required to comply with the requirements of the New Jersey Law Against Discrimination (“NJLAD”) and the Americans with Disabilities Act of 1990 (“ADA”).

NJLAD:

During the performance of this contract, and as required under N.J.S.A. 10:2-1, the contractor agrees as follows:

In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;

No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;

There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and

This contract may be canceled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract.

ADA:

The CONTRACTOR and NJSIG do hereby agree that the provisions of Title 11 of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. 12101 et seq., which prohibits discrimination based on disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant thereunto, are made a part of this contract. In providing any act, benefit, or service on behalf of NJSIG pursuant to this contract, the CONTRACTOR agrees that the performance shall be in strict compliance with the ADA. If the CONTRACTOR, its agents, servants, employees, or subcontractors violate or are alleged to have violated the ADA during the performance of this contract, the CONTRACTOR shall defend NJSIG in any action or administrative proceeding commenced pursuant to the ADA. The CONTRACTOR shall indemnify, protect, and save harmless NJSIG, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The CONTRACTOR shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the NJSIG grievance procedure, the CONTRACTOR agrees to abide by any decision of NJSIG which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against NJSIG or if NJSIG must incur any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the CONTRACTOR shall satisfy and discharge the same at its own expense.

NJSIG shall, as soon as practicable after a claim has been made against it, give written notice thereof to the CONTRACTOR along with full and complete particulars of the claim. If any action or administrative proceeding is brought against NJSIG or any of its agents, servants, and employees, NJSIG shall expeditiously forward or have forwarded to the CONTRACTOR every demand, complaint, notice, summons, pleading, or other process received by NJSIG or its representatives.

It is expressly agreed and understood that any approval by NJSIG of the services provided by the CONTRACTOR pursuant to this contract will not relieve the CONTRACTOR of the obligation to comply with the ADA and to defend, indemnify, protect, and save harmless NJSIG pursuant to this paragraph.

It is further agreed and understood that NJSIG assumes no obligation to indemnify or save harmless the CONTRACTOR, its agents, servants, employees, or subcontractors for any claim which may arise out of their performance of this contract. Furthermore, the CONTRACTOR expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the CONTRACTOR’S obligations assumed in this contract, nor shall they be construed to relieve the CONTRACTOR from any liability, nor preclude NJSIG from taking any other actions available to it under any other provisions of the contract or otherwise at law.

2.6.6 Disclosure Statement on Political Contributions

Bidder is advised of their responsibility to file an annual disclosure statement on political contributions with the New Jersey Election Law Enforcement Commission pursuant to N.J.S.A. 19:44A-20.27 (P.L. 2005, c. 271, s. 3) if the bidder receives contracts in excess of $50,000 from public entities in a calendar year. It is the bidder’s responsibility to determine if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.

http://www.elec.state.nj.us/

2.6.7 Record Retention

Pursuant to N.J.A.C. 17:44-2.3, bidders shall maintain all documentation related to the products, transactions, or services under this contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller on request.

3 Special Contractual Terms and Conditions

The language in Exhibit A (attached) shall be included in all contracts with NJSIG.

The provisions of Exhibit A are not negotiable, and by submitting a bid, the bidder consents to the inclusion of those terms in any contract between the bidder and NJSIG.

4 Bid Evaluation

4.1 Selection Criteria

NJSIG will evaluate each bid submitted and will award the contract to the lowest responsible bidder or vendor. “Lowest responsible bidder or vendor” means the bidder or vendor: (1) whose response to this request for bids offers the lowest price and is responsive; and (2) who is responsible. “Lowest price” means the least possible amount that meets all requirements of this request. “Responsible” means able to complete the contract in accordance with its requirements, including but not limited to requirements pertaining to experience, moral integrity, operating capacity, financial capacity, credit, and workforce, equipment, and facilities availability. “Responsive” means conforming in all material respects to the terms and conditions, specifications, legal requirements, and other provisions of this request.”

If two or more responses to this advertisement offer equal prices and are the lowest responsible bids, NJSIG may award the contract to the bidder whose response, in NJSIG’s discretion, is the most advantageous, price and other factors considered.

NJSIG reserves the right to reject any or all bids and to waive immaterial formalities.

NJSIG also reserves the right:

To disqualify a bidder who would otherwise be determined to be the lowest responsible bidder in accordance with the provisions of N.J.S.A. 18A:18A-4;

To reject any or all bids for the reasons outlined in N.J.S.A. 18A:18A-22;

To eliminate any bidder who submits an incomplete or inadequate bid or is not responsive.

To reject all bids or any non-responsive bids.

To supplement, amend, or otherwise modify this advertisement or any bid documents.

To waive any technical, or other, non-conformance of the responses, whether material or otherwise.

To change or alter the schedule for any events called for in this advertisement.

To conduct investigations of any or all bidders and their responses as is deemed necessary or convenient, to clarify the information provided as part of the bid, including discussions with contact persons of prior clients, regulatory agencies and visits to any facilities or projects referenced in its response, and to request additional information to support the information included in any response.

To abandon this procurement process at NJSIG’s convenience at any time for any reason.

To consider and to award the contract to a public body under applicable law.

To designate or consult with another agency, group, consultant, individual, or public body to act at any time during the term of this procurement process in its place or on its behalf.

To award any contract subject to final adoption of all necessary authorizations.

Any other right afforded NJSIG under the law.

4.2 Evaluation Committee

NJSIG will convene an evaluation committee to evaluate submissions, and the committee will evaluate bids to determine the lowest responsible bidder and make a recommendation to the NJSIG Board of Trustees. The final decision to award a contract to the lowest responsible bidder because of this advertisement resides with the NJSIG Board of Trustees.

5 Contract Award

NJSIG will select the bidder as detailed above. Contract award shall be made with reasonable promptness by written notice to the lowest responsible bidder whose bid, responsive to this advertisement, is selected.

6 Contract Administration

The NJSIG Contract Manager is the NJSIG employee responsible for the overall management and administration of the contract. The NJSIG Contract Manager for this contract will be identified at the time of contract execution. At that time, the bidder will be provided with the NJSIG Contract Manager’s name, department, address, telephone number, fax phone number, and email address.

7 Bidder’s Checklist

Applicable to Bid if marked “X” DOCUMENTATION REQUIRED OR REVIEWED Initials When Due

Acknowledgement of Receipt of Addenda (if Addenda are Issued) With Bid

Submission

X Bidder’s Checklist With Bid

Submission

Bid Guarantee (Bid Bond or Certified/Cashier’s Check) (with POA for full amount of Bid Bond)

X Bidder’s Proposal Form With Bid

Submission

Consent of Surety (Certificate from Surety company) With Bid

Submission

Equipment Certification With Bid

Submission

X Experience and Qualifications Form With Bid

Submission

Insurance and Indemnification Certificate With Bid

Submission

Named Subcontractors in Bid for Listed Specialty Trades With Bid

Submission

X Non-Collusion Affidavit With Bid

Submission

X Ownership Disclosure Form (N.J.S.A. 52:25-24.2) With Bid

Submission

X Upgrade Plan – all bidders offering to provide installation services must submit an Upgrade Plan with a timeline that defines all steps in the hardware upgrade from start to finish.

X Business Registration Certificate – Bidder and all Subcontractors Prior to Contract

Award

X Disclosure of Investment Activities in Iran Form Prior to Contract

Award

X Disclosure of Prohibited Activities in Russia and Belarus Form Prior to Contract

Award

Federal Debarment Form Prior to Contract

Award

Prevailing Wage Certification (P.L. 2021, c. 301)

Public Works Contractor Registration Certificate(s) – Bidder and all Subcontractors

EEO/AA Form AA-201 After Notice of Award, Prior to Signing Contract

X Letter of Federal Affirmative Action Plan Approval, Certificate of Employee Information Report Approval, or Employee Information Report (Form AA-302) (N.J.A.C. 17:27-3.5(a)(1))

After Notice of Award, Prior to Signing Contract

X Service Provider’s W-9 After Notice of Award, Prior to Signing Contract

Performance Bond and Labor and Material Payment Bond (Required from the Awarded Contractor)

At signing of contract

Maintenance Bond in the Amount of 100 % for a period indicated in “General Conditions” Required from the Awarded Contractor Upon Acceptance of Project

On Acceptance of Project

This checklist is provided for bidder’s use in assuring compliance with required documentation; however, it does not include all specifications requirements and does not relieve the bidder of the need to read and comply with the specifications.

Bidder Name:

Authorized Representative:

Signature:

Print Name & Title:

Date:

BIDDER’S PROPOSAL FORM

NJSIG-2024-005

VMware Virtual Network ESX Server Hardware and SAN Storage Server Hardware

Item Description Unit Price Qty Extended Price

TOTAL LUMP SUM PRICE $

BIDDER’S PROPOSAL FORM

Signature of Vendor’s Authorized Representative

Type or Print Name & Title of Vendor’s Authorized Representative

Vendor’s Name

Vendor’s Address (Street Address)

Vendor’s Address (City/State/Zip Code)

Date

Vendor’s FEIN or Social Security Number

Vendor’s Phone Number

Vendor’s Fax Number

Vendor’s Email Address

EXPERIENCE AND QUALIFICATIONS FORM

This form must be completed and submitted with the bid or proposal. Failure to complete this form or to provide any of the required information will be grounds for automatic rejection of the bid or proposal. If additional space is required, the respondent shall attach separate sheets that identify the question being answered.

Bidder/Proposer Name:

Bidder/Proposer Address:

Bid/Proposal Number:

1. Number of years in business under present name & address:

If less than 5 years, list previous names and addresses:

2. Within the last 5 years, has the business or any officer/partner failed to complete a contract awarded to them? ______. If yes, provide the details on a separate page.

3. Have any liens and/or lawsuits been filed against the company in the past 5 years?

If yes, please provide details:

4. List similar services you are now providing for which you have signed a contract, but not yet started work:

5. List all major subcontractors to be used to complete the service and the area of their responsibility:

EXPERIENCE AND QUALIFICATIONS FORM

6. Please provide at least 3 references below:

Reference #1 (required):

Name:

Address:

Phone:

Equipment/Service Provided:

Contract Amount:

Reference #2 (required):

Reference #3 (required):

Reference #4 (optional):

AFFIDAVIT OF NON-COLLUSION FORM

This form must be completed, notarized, and submitted with the bid or proposal. Failure to complete this form or to provide any of the required information will be grounds for automatic rejection of the bid or proposal.

Bidder/Proposer Name:

Bidder/Proposer Address:

I, , residing in (city/town/municipality) in the County of , State of , of full age, being duly sworn according to law, deposes and says:

1. That I am employed by the bidder/proposer listed above as and am fully authorized to execute this affidavit on behalf of said bidder/proposer;

2. That, as the party submitting the foregoing bid/proposal, that such bid/proposal is genuine and not collusive or a sham; that said bidder/proposer has not colluded, conspired, connived, or agreed, directly or indirectly, with any bidder/proposer or person, to put in a sham bid/proposal or to refrain from participating in this solicitation, and has not, in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the price of affiant or of any other bidder/proposer, to fix any overhead, profit, or cost element of said price, or of that of any other bidder/proposer, to secure any advantages against the New Jersey Schools Insurance Group, or any person interested in the proposed Services

Agreement; and that all statements in said bid/proposal are true; and

3. That he/she/it has not been convicted or found liable for any act prohibited by state or federal law involving conspiracy or collusion with respect to proposing or bidding on any public contract within the last three years. Such act or conviction does not automatically disqualify a bidder/proposer but may be grounds for administrative suspension or grounds for consideration by the New Jersey Schools Insurance Group as to whether the New Jersey Schools Insurance

AFFIDAVIT OF NON-COLLUSION FORM

Group should decline to award the Services Agreement to such a bidder/proposer based on a lack of responsibility. If bidder/proposer has been convicted of any act prohibited by state or federal law involving collusion with respect to proposing or bidding on any public contract within the past three years, bidder/proposer must attach a written explanation of the circumstances surrounding that conviction.

Name (print): Title:

Signature: Date:

Sworn and subscribed to me on this day of , 20____, in the

State of , County of .

Notary Public – State of New Jersey

Print Name:

My Commission Expires:

OWNERSHIP DISCLOSURE FORM

N.J.S.A. 52:25-24.2 (P.L. 1977, c. 33, as amended by P.L. 2016, c. 43)

This form must be completed, certified, and submitted with the bid or proposal. Failure to complete this form or to provide any of the required information will be grounds for automatic rejection of the bid or proposal.

Bidder/Proposer Name:

Bidder/Proposer Address:

Part I: Check the box that represents the type of business organization

Sole Proprietorship (skip Parts II and III, execute…