RFB-WC-25098 CYBERSECURITY SOFTWARE 5-6-25.pdf

Return Bid To:

COUNTY OF WESTCHESTER

BUREAU OF PURCHASE AND SUPPLIES

148 MARTINE AVENUE, ROOM 713, WHITE PLAINS, N.Y. 10601

TELEPHONE (914) 231-1872

TITLE: CYBERSECURITY SOFTWARE BID NUMBER: RFB-WC-25098

Submission must be sealed with vendor name, BID DUE BEFORE 2 PM ON: 5/6/2025 bid number and due date on outside of envelope. Emailed & Faxed Bids Are Not Permitted Bureau of Purchase and Supplies contact and telephone number: MARTIN O’SULLIVAN 914-231-1315

REQUEST FOR BID

COMPANY NAME: _________________________________________________________________________________ (Print or Type)

FEDERAL TAX ID NUMBER: __________________Mailing Address: ______________________________________ (PO Box, if applicable)

PHYSICAL ADDRESS: ______________________________________________________________________________ (Required)

SIGNATURE PRINTED NAME PRINTED TITLE

DATE SIGNED TELEPHONE NUMBER E-MAIL ADDRESS

COUNTY TERMS OF PAYMENT ARE 2% 10 NET 30. Bidder may offer alternate terms here:___________________

DISCOUNT AND ALTERNATE TERMS WILL NOT BE USED IN AWARD DETERMINATION

DELIVERY: Delivery is FOB Destination (See Section D1) and is requested ASAP after notice of award, receipt of purchase order, or authorized calls for delivery, unless otherwise specified.

Bidder’s guaranteed delivery is _____ days. Note: Delivery time may be a factor in determining the winning bidder.

The County reserves the right to reject any bids that propose a lengthy delivery schedule if the items are required promptly.

NO BIDDER MAY WITHDRAW HIS BID WITHIN 45 DAYS AFTER THE ACTUAL DATE OF THE OPENING THEREOF.

Completed bids will be accepted until the above date and time indicated and should be sent to the Bureau of Purchase and Supplies address shown. Bids will be publicly opened at that time and may be read aloud. Late bids will NOT be considered and failure to complete this bid in its entirety may result in disqualification. By submitting a bid you are asking The County of Westchester to accept your offer for the sale of goods or services and you agree to all terms and conditions herein as well as understand the laws that govern Municipal Purchasing. Once the County has opened the bids, there can be no changes to price(s) or terms. In addition, there are no provisions to cancel after an award is made, except by the County, which maintains a unilateral right of cancellation.

IMPORTANT NOTICE: Copies of this bid may be downloaded from the Empire State Purchasing Group website at http://www.empirestatebidsystem.com the national BidNet website, or received from the office above. Copies obtained from any other source are not considered official documents and will be considered incomplete if missing addenda, if any, resulting in disqualification.

We strongly suggest you obtain/submit an official bid form.

Non-Bidder’s Response --We are not participating because: ___________________________________________________

Indicate if company submitting this bid is: _______ MBE and/or _______ WBE or _______ SDVOB

**Return this bid in its entirety and make a copy for your records**

GENERAL TERMS AND CONDITIONS

A. INFORMATION FOR BIDDERS

A1. Each bid must be in a separate sealed envelope and addressed to the County Purchasing Agent at the County of Westchester Bureau of Purchase and Supplies, 148 Martine Avenue, Room 713, White Plains, NY 10601 and shall have endorsed on the envelope the name and address of bidder, the date and time of Bid opening, and the Bureau of Purchase Bid number.

A2. In order to be valid, all bids must be properly signed and received by the Bureau by the time and date specified. It is recommended that proposals be submitted in advance to the specified due date and time to allow for a timely receipt. Late bids will not be considered.

A3. All bids must be priced per unit specified in the bid.

A4. All quotes should be for new equipment unless otherwise stated.

A5. Specifications contained herein are intended to be descriptive and not restrictive and to indicate the quality and the characteristics of the product that will be satisfactory. The use of a brand name, if listed, is for the purpose of describing the standard of quality, performance, and characteristics desired and are not intended to limit or restrict competition. Bids offering an equivalent will be considered if such product is clearly identified in the bid and are determined by the County of Westchester Purchasing Department to fully meet the salient characteristic requirements referenced in this inquiry. BPS will be the sole judge of the acceptability and may reject any bid for any reason including, but not limited to, Westchester County’s inability to determine that the item is an equivalent.

A6. Bidder shall note any deviation from specifications or the indicated brand clearly on the BPS bid form and submit circulars, specification sheets or samples with the bid as explanation. BPS reserves the right to accept equals when approved by the County, however, if exception is not noted on bid, the bidder is required to deliver brand specified. Only adding attachments to bid response is not acceptable.

A7. FUEL SURCHARGES: Westchester County will not pay any type of fuel surcharge on any items or contract. Any fuel surcharge added will be deleted from any payments made to vendor.

A8. SAMPLES: When required must be delivered prior to the bid opening and free of charge. Samples will be returned at bidder’s expense and bidder is required to arrange for pick up.

A9. Full consideration is given to items meeting specifications and made with recycled materials.

A10. The County encourages and supports significant participation by business enterprises that are service-disabled veteran-owned and minority and/or woman owned for County contracts and purchases. We encourage all certified MBE and WBE to register their business online with our Office of Economic Development at https://westchestercatalyst.com/ to receive additional benefits.

A11. Bidder must warrant that the goods shall be delivered free of the rightful claim of any third person by way of infringement of patents, trademarks or copyright and that Bidder will, at his expense, defend any claims charging such infringement and will save the County harmless from all expensed, adverse judgments or losses resulting from such claim. In the event that such a rightful claim is made the Bidder shall either 1) secure permission for the County to rightfully use the goods; or

2) replace the goods with equivalent goods free and clear from all rightful claims for infringement of patents, trademarks or copyright; or 3) refund to the County the full purchase price of the goods.

A12. Vendors protesting or disputing bid specifications must do so in writing during the bid opening period (prior to the due date) to be considered. Such protests must be in the possession of the Bureau of Purchase and Supplies three working days prior to the bid opening. Verbal protests may not be entertained.

A13. Should the vendor fail to perform as required by the specifications, the County may cancel the order and terminate the order/contract. In such event, the County will assume no responsibility for, nor will it reimburse the vendor for any expense or loss to the contractor because of such termination or cancellation. County will then purchase products/service on the open market and chargeback the difference to the defaulting vendor.

The decision of the County Purchasing Agent as to reasonable compliance with delivery terms shall be final. Burden of proof of delay in receipt of order shall rest with the vendor.

A14. NON ASSIGNMENT: In accordance with NYS General Municipal Law 109, at no time during the duration of any contract resulting from this bid, shall the successful vendor be allowed to assign any portion of this contract to a third party without express written consent from Westchester County.

A15. If Bidder is a corporation, the Bid shall be signed in its correct corporate name by a duly authorized officer.

A16. If the Bidder is a partnership, the Bid shall be signed in the full name of the partnership by a duly authorized partner.

A17. BID DISTRIBUTION: Westchester County officially distributes its bidding documents through the Empire State Purchasing Group’s Bid Notification System or from our Bureau of Purchase and Supplies office directly. Copies of bidding documents obtained from any other sources are not considered official copies. Only those vendors who obtain bidding documents from either the Empire State Purchasing Group’s Bid Notification System or from our Bureau of Purchase and Supplies office are guaranteed to receive addendum information, if such information is issued. If you have obtained this document from another source, it is recommended that you obtain an official copy.

Westchester County does not offer or supply anyone a list of people who have obtained a copy of these bid specifications.

A18. In the event of any conflict between the terms of this agreement and the terms of any schedule or attachment hereto, it is understood that the terms of this agreement shall be controlling.

A19. Any vendor receiving an award as a result of this bid recognizes that this agreement does not grant the vendor the exclusive right to perform the work for the County and that the County may enter into similar agreements with other vendors on an "as needed" basis.

B. AWARD INFORMATION

B1. Awards may be made by individual item, grouped items or lot. The County reserves the right to reject any or all bids or any portion thereof.

B2. The Purchasing Agent reserves the right before making award to make investigations as to whether or not the items, qualifications or facilities offered by the bidder meet the requirements set forth herein and are sufficient to insure the proper performance in the event of an award. The bidder must be prepared, if requested, to present evidence of experience, ability and financial standing. If it is found that any of these criteria are not satisfactory, the County may reject bids. It is not obligatory to make any such examinations however.

B3. The County of Westchester reserves the right to extend the use of bid pricing, in the event that the same item is required again, within a 12 month period of award.

Such extension shall be at the same prices, terms and conditions as set forth in the initial bid and must be mutually agreeable to both the vendor and the County of Westchester.

B4. For price and service agreements that go beyond a one-time purchase, The County of Westchester reserves the right to extend the contract under the same terms and conditions for up to twelve (12) months from date of expiration provided such extension is mutually agreeable to both the County and the Vendor.

B5. MATERIAL SAFETY DATA SHEETS: On any order containing a hazardous chemical, vendor must provide one (1) copy of the Material Safety Data Sheet for each item type with the shipment.

B6. SPECIAL NOTE REGARDING PUBLIC BID

OPENINGS: If this “Invitation For Bid” contains many line items and it is anticipated that there may be multiple responses, it may render an oral reading of every line item bid in every bid at the time of opening as impractical. Subsequent to bid opening, a bid summary sheet will be prepared and made available.

C. PAYMENT

C1. EFT POLICY: The County of Westchester remits vendor payments via an Electronic Funds Transfer ("EFT") program known as Vendor Direct. In lieu of receiving a check from the County, payments are remitted by EFT and automatically credited to the vendor’s designated bank account at the vendor’s financial institution. Vendors doing business with Westchester County, who are not already enrolled in the Vendor Direct program, will be required to promptly complete and submit an EFT authorization form supplied by the County in order to be paid. In rare cases, a hardship waiver may be granted if vendor presents proof that it is warranted. Any bidder taking exceptions to this requirement may be considered non responsive and bid may be rejected.

C2. PREPAYMENTS: Prepayments prior to shipment of item(s) ordered as a result of this bid will not be permitted unless specifically stated in the bid specifications set forth by the County of Westchester.

C3. Purchases by the County of Westchester are NOT subject to any Federal, State and Local Taxes. Do not include any of these taxes when bidding or invoicing.

C4. Westchester County does not complete credit applications. All Prices are in US Currency. Federal

ID# 13-6007353.

C5. Third party billing is not acceptable unless approved by the Purchasing Agent.

D. DELIVERY

D1. Prices shall be net, F.O.B. destination including transportation and delivery charges fully prepaid by the bidder to destination indicated in the proposal unless otherwise instructed in the bid specifications.

D2. Failure to deliver items or equipment that do not meet County specifications or are not received within the specified delivery time may be cause for cancellation of the order and vendor declared irresponsible. Any additional costs incurred by the county may be charged to original vendor. The decision of the County Purchasing Agent as to reasonable compliance with delivery terms shall be final. Burden of proof of delay in receipt of order shall rest with the vendor.

D3. All items delivered must be guaranteed against faulty materials and workmanship. Deliveries of incorrect or faulty items will be rejected and returned to sender at vendors’ expense.

D4. All deliveries are to be considered PLATFORM DELIVERY unless otherwise indicated.

D5. Where deliveries are inside, such deliveries must be made to the specific floor, or area specified.

E. PURCHASES BY OTHER SCHOOL

DISTRICTS AND GOVERNMENTS

E1. As per New York State General Municipal Law, all political subdivisions of New York State are allowed to make purchases through the resulting contract(s), if mutually agreeable by both parties.

E2. All political subdivisions will make purchases directly to vendors within the specified contract period referencing the County’s contract and shall be liable for any payments due on such purchases and shall accept sole responsibility for any payment due.

E3. All Purchases shall be subject to audit and inspection by other political subdivisions for which the purchase was made.

E4. All bidders shall be on notice that as a condition of the award of a County contract, the successful bidder shall accept the award of a similar contract with any other political subdivision in New York State, if called upon to do so. The County, however, will not be responsible for any debts incurred by the participants pursuant to this or any other agreement.

E5. Necessary deviations from the County’s specifications in the award of a participant contract, whether such deviations relate to quantities or delivery points shall be resolved between the successful bidder and the other political subdivisions.

F. LAWS & EXECUTIVE ORDERS

F1. Bidder agrees to comply with the provisions of Executive Order No. 6-2007 which requires that all toys, jewelry or other similar items intended for use by children under the age of six which are sold to the County are lead-free and further agrees to complete a lead free merchandise certification upon award if applicable to the subject of this bid.

F2. The contractor shall comply with all the provisions of the laws of the State of New York and the United States of America which affect municipalities and municipal contracts, and more particularly the Labor Law, the General Municipal Law, The Workmen’s Compensation Law, the Lien Law, Personal Property Law, State Unemployment Insurance Law, Federal Social Security Law, State, Local and Municipal Health Law, Rules and Regulations, and any and all regulations promulgated by the State of New York and of amendments and additions thereto, insofar as the same shall be applicable to any contract awarded hereunder with the same force and effect as if set forth at length herein.

F3. All items furnished shall comply in all respects with applicable Federal, State and County Laws, rules, orders and regulations, including but not limited to the Federal Food, Drug and Cosmetic Act and subsequent decisions of the Department of Agriculture or any other administering agency.

F4. If the Bidder is an unincorporated business firm other than a partnership and a trade name is used, the bid shall be signed by the person(s) conducting the business. If applicable, the certificate required by the New York State General Business Law, Section 130 must be filed with the County Clerk of Westchester County.

F5. By submission of this bid, each bidder and each person signing on behalf of any bidder, certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

(a) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor.

(b) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder to any competitor: and

(c) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.

F6. The bidder certifies that this bid is made without any connection with any other person making a bid for the same purpose, and is in all respects fair and without collusion or fraud, and that no elected official or other officer or employee or person whose salary is payable in whole or in part from the County Treasury, is directly or indirectly interested therein, or in the supplies, materials and equipment to which it relates, or in any portion of the profits thereof. This provision shall not apply in instances of direct or indirect holdings of less than 1% of the stock of a corporation.

F7. If this project is a “Public Work” project and is subject to all the provisions contained in the New York State Labor Law. Any Contractor submitting a bid on this project shall acknowledge that said project is a “Public Work”. Contractor shall comply with all the provisions of the Labor Law, including but not limited to Article 8, 8-A and 9 of said Law. Contractor shall pay prevailing wages as defined by said Law to all laborers, workers and mechanics, and shall require all subcontractors to do the same. In order to ensure compliance with these provisions, the County shall be entitled to review and/or audit the Contractor’s payroll records from time to time and may require the Contractor to make such records available to the County either at the Contractor’s place of business or at a location designated by the County. The Contractor and subcontractor(s) if any shall submit to the County with all requests for payment, certified payrolls or transcripts of the original payroll record, subscribed and affirmed as true under the penalties of perjury.

F8. Any bidder indicating a State of New York or Federal GSA contract as the basis for their bid must complete this bid form fully and agree to the County’s use of the bid as the sole document supporting the price(s), terms and conditions offered herein.

F9. IRANIAN ENERGY SECTOR DIVESTMENT:

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the State finance law. The vendors signature on the bid form will be considered certification that the vendor is in compliance with all aspects of this regulation.

Revised 05/10/2023

Important Information:

As of May 30th 2023 Public Bid Openings will be resuming at:

County of Westchester Bureau Of Purchase and Supplies 148 Martine Avenue, Room 713 White Plains, New York 10601

WESTCHESTER COUNTY

BUREAU OF PURCHASE AND SUPPLIES

148 MARTINE AVE., ROOM 713

WHITE PLAINS, NY 10601

DOC ID: RFB-15-WC-25098 Commodity Page 1 of 1

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ITEM DESCRIPTION QUANTITY

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UNIT OF MEASURE UNIT PRICE EXTENDED PRICE

FEDERALLY IMPOSED TARIFFS

1. All pricing submitted in response to this solicitation must include any applicable import duties or tariffs imposed by the President of the United States, the United States Congress, Customs and Border Protection, or any other federal entity authorized by law (the “Federal Government”). Vendors are responsible for ensuring that all such costs are incorporated into their bid submission.

2. All import duties or tariffs shall be itemized as separate line items in the bid submission, indicating both the applicable duty or tariff rate and the corresponding dollar amount. If the duty or tariff rate used exceeds the rate in effect at the time of bid opening, the County reserves the right to deem the bid non-responsive.

3. In the event the Federal Government imposes a new duty or tariff, or modifies a duty or tariff, after the award of the contract, on an imported good that results in an increase in the Contractor’s costs to a level that creates an undue financial hardship on the Contractor and renders performance of under this agreement impracticable, the County Purchasing Agent may, in her sole discretion, approve an increase to the purchase price for the affected good in an amount up to the actual total amount of the new or modified duty or tariff cost incurred by the Contractor.

4. The amount of the increase in the purchase price shall be in the sole discretion of the County Purchasing Agent.

5. Prior to the County Purchasing Agent approving a price increase pursuant to this Section, the Contractor shall provide to the County Purchasing Agent the following documentation, all of which must be satisfactory to the County Purchasing Agent:

a. evidence demonstrating: (i) the unit price paid by the Contractor as of the date of award for the good or raw material used to furnish the goods to the County under this Agreement, (ii) the applicability of the duty or tariff to the specific good or raw material, and (iii) the Contractor’s payment of the new or increased import duty or tariff (either directly or through an increase to the cost paid for the good or raw material). The evidence submitted shall be sufficient in detail and content to allow the County Purchasing Agent to verify that the duty or tariff is the cause of the price change.

b. a certification signed by the Contractor that it has made all reasonable efforts to obtain the good or the raw materials comprising the good procured by the County at a lower cost from a different source located outside of the country against which the duty or tariff has been imposed.

c. a certification signed by the Contractor that the documentation, statements, and any other evidence it submits in support of its request for a price increase under this Section are true and correct, and that the Contractor would otherwise be unable to perform under this agreement without such price increase because to do so would create a financial hardship.

6. If the County Purchasing Agent approves a price increase pursuant to this Section, the parties further agree to the following additional terms to this agreement:

a. During the Term and for five (5) years after the termination of this agreement, the Contractor shall retain, and the County and its authorized representatives shall have the right to audit, examine, and make copies of, all of the Contractor’s books, accounts, and other records related to this agreement and the Contractor’s costs for providing goods to the County, including, but not limited to those kept by the Contractor’s agents, assigns, successors, and subcontractors.

b. Notwithstanding anything to the contrary in this agreement, the County shall have the right to terminate this agreement for the County’s convenience upon 15 days’ written notice to the Contractor because of the price increase.

7. In the event an import duty or tariff is repealed or reduced, the Contractor shall promptly notify the County Purchasing Agent, and the increase in the County’s contract price shall be reduced by the same amount and adjusted accordingly. The Contractor shall also reimburse the County for any overpayment made by the County as a result of such import duty or tariff. The County Purchasing Agent also shall have the right to deduct from future payments under any contracts the County may have with the Contractor any funds the County may determine are owed to the County under this agreement.

8. Any material misrepresentation of fact by the Contractor relating in any way to the County’s payment of additional sums due to duties or tariffs shall be fraud against the taxpayer’s of the County and subject the Contractor to, among other things, civil penalties and treble damages pursuant to the New York False Claims Act.