T0109 Amendment 4 12.12.23.docx

PHILIP D. MURPHY

Governor State of New Jersey

DEPARTMENT OF THE TREASURY

DIVISION OF PURCHASE AND PROPERTY

PROCUREMENT BUREAU

33 WEST STATE STREET

P. O. BOX 230

TRENTON, NEW JERSEY 08625-0230

ELIZABETH MAHER MUOIO

Acting State Treasurer

TAHESHA L. WAY

Lt. Governor

AMY F. DAVIS, ESQ

Acting Director https://www.njstart.gov

December 12, 2023

To: All Interested Bidders

2nd Round of Electronic Questions Due: 12/27/23 (2:00 p.m. Eastern Time) REVISED Quote Submission Due Date: 1/25/24 (2:00 p.m. Eastern Time)

Bid Amendment #4

The following constitutes Bid Amendment #4 to the above referenced Bid Solicitation:

· Answers to electronic questions submitted during the electronic Question and Answer period;

· The Bid Solicitation has been revised as follows:

· Section 3.27:

· “Schedule N is not required to be filled out by Bidders. Extended warranties will be quoted post-award by Agency request, on an as-needed basis.”

· Section 4.2.4:

· H. Extended warranty for devices per Schedule N “Schedule N is not required to be filled out by Bidders, Extended warranties will be quoted post-award by Agency request, on an as-needed basis”

· Section 4.3.2 (3) has been revised to rearrange the order of the subsections

· Section 4.4.1 (added text in bold):

· Contractor must provide extended warranties that will take effect after the expiration of the initial warranty and at the quoted prices on Schedule N.” Using Agencies have the option to purchase extended warranties or not. Extended warranties will be quoted post-award by Agency request, on an as-needed basis. Extended warranties that exceed the life of the Contract shall adhere to all terms and conditions of the contract in effect at the time of their inception.

· Section 4.9:

· The sentence, “Hourly rates for these services are included in Schedule H” has been removed.

· The following sentence has been revised as follows: “Hourly Rates for Project Engineering and Site Management are included in Schedule J.”

· The sentence “The Contractor shall provide a written Quote to the Using Agency specifying all service charges in advance of the purchase of the equipment/system” has been moved to the end of the second paragraph of this section.

· Section 4.21.2: “If the Contractor is not the OEM/manufacturer, it must provide a list of the Dealer(s)/Distributor(s) that will service the Contract, if the OEM will not be servicing the Contract directly.”

· Section 5.6 (added text in bold): “Unless otherwise agreed upon between the Contractor and the Ordering/Using Agency pursuant to Section 4.3.2(3)(a) of noted in this Bid Solicitation, or otherwise noted on the State Supplied Price Sheet, all delivery times are thirty (30) calendar days after receipt of order (ARO) and prices for items in Quotes shall be submitted.”

· Section 9: The Crosswalk definitions chart and various definitions have been revised.

· The Quote Submission Due Date has been revised from January 17, 2024, 2:00 p.m. Eastern Time, to January 25, 2024, 2:00 p.m. Eastern Time.

Please refer to the attachment entitled, “T0109 Bid Solicitation Revised 12.12.23.”

· The State-Supplied Price Sheet has been revised as follows:

· Schedules A-F:

· Removed the word “Reference” when referring to “Base Unit” and “Mobile;”

· “Per Unit Cost” column removed.

· Schedule J:

· Words “All Schedule K” removed from Extended Engagement;

· “Hourly Price” revised to “Hourly Price (< Full Day)”;

· Additional Extended Engagement Lines added for each timeframe (2-7 Days; 8-14 Days; 15-30 Days; >30 Days);

· “Discount” row eliminated.

· Schedule N has been revised with the following note: Note: Bidders do not need to fill out this section. Warranties will be quoted post-award by Agency request on an as-needed basis.

Please refer to the attachment entitled, “T0109 Price Sheet Revised 12.12.23.”

· The Bid Solicitation Checklist and Forms Packet has been revised. Refer to the attachment entitled, “T0109 Bid Solicitation Checklist and Forms Packet Revised 12.12.23.”

A second electronic Question and Answer period will be received until 2:00 p.m. Eastern Time on 12.27.23. Questions that will be considered are limited only to subject matter related to the above Bid Solicitation and State Supplied Price Sheet revisions. Refer to the attachments entitled “T0109 Bid Solicitation Revised 12.12.23” and “T0109 State-Supplied Price Sheet Revised 12.12.23.”

It is the sole responsibility of the Bidder to be knowledgeable of all of the additions, deletions, clarifications, and modifications to the Bid Solicitation and/or the New Jersey Standard Terms and Conditions relative to this Bid Solicitation as set forth in all Bid Amendments.

All other instructions, terms, and conditions of the Bid Solicitation shall remain the same.

Bid Solicitation 23DPP00882 T0109 - Radio Communication Equipment and Accessories

Answers to Questions

Section Reference Question (Bolded) and Answer

A: It is recommended that users utilize Microsoft Edge to view PDFs. Certain PDF forms cannot be opened in the Chrome or Firefox built in PDF viewers that are enabled by default. If using Chrome or Firefox it is recommended that the file is downloaded instead by clicking the download button in the upper right-hand corner of the browser after an error message is received. An alternative option is to disable the built in PDF viewers in Chrome or Firefox.

A: Yes. Prior to the Quote Opening Deadline, a Bidder should review the documents comprising the submitted Quote to ensure that all of the required documents have been completed and attached. Oftentimes a Quote is deemed non-responsive because a Bidder fails to attach a required form or attaches a blank form. To review a submitted a Quote, a Bidder should log into NJSTART and review each document attached to the Quote submission. Instructions on how to review a submitted Quote can be found in the Quick Reference Guide entitled How to Review a Submitted Quote, which is available on the NJSTART Vendor Support Page under Vendor Reference Guides.

A: As stated in Bid Solicitation Section, Exceptions to the State of NJ Standard Terms and Conditions (SSTC): Questions regarding the State of New Jersey Standard Terms and Conditions and exceptions to mandatory requirements MUST be posed during the Electronic Question and Answer period and shall contain the Bidder's suggested changes and the reason(s) for the suggested change(s).

A: Please be advised that all Quotes shall be submitted electronically through NJSTART.

A: By clicking on the below link, you will be directed to the New Jersey Department of the Treasury, Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit. Here you can login to your account or apply for certification: https://www.nj.gov/njbusiness/contracting/sbsa/

A: This question has been revised as follows:

If your firm's small business status is listed as Expired or Revoked by the DORES Small Business Registration and MWBE Certification Services Unit at the date the Quote is received and opened, the Quotes submitted by your firm will not be evaluated as coming from a responsive qualifying small business. As stated in Bid Solicitation Section 8.16: "This procurement includes a partial set-aside category for Small Businesses. If no responsive Quotes offering reasonable pricing from a Bidder registered and approved as a Small Business at the time of the Quote opening, the State may award a Contract for any Category to any responsive Bidder."

If your firm’s small business status is listed as Expired or Revoked by the DORES Small Business Registration and MWBE Certification Services Unit at the date the Quote is received and opened, the Quotes submitted by your firm will not be evaluated as coming from a responsive qualifying small business. As stated in Bid Solicitation Section 1.1, “The State intends to award to multiple Contractors per category, with one (1) award set-aside for a Small Business Enterprise (SBE) or Disabled Owner Veteran Business (DVOB). Should an SBE or DVOB business not bid or be responsive within a category, the State may award to the next qualifying Bidder, including non-SBE/DOVB classified Bidders.”

A; The State does not accept the proposed modification. It is the Contractor’s responsibility to secure a license to Third Party Intellectual Property pursuant to Bid Solicitation section 5.4(D). The State declines to make any legal acknowledgements or assurances with regard to the Contractor’s Third Party Intellectual Property license.

A: No, the State will only accept bids from Contractors who can supply and install materials. Section 4.2.3 states, in part: “The Contractor shall provide installation and removal of its awarded equipment listed in sections 4.2.1 and 4.2.2 and/or removal of equipment being replaced if required.” Additionally, Warranty and Post Warranty Maintenance is required.

A: Yes. The New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 et seq., is made part of every contract entered into on behalf of the State of New Jersey.

A: The term “agent” is not used in this Bid Solicitation. A Bidder/Contractor may utilize a Dealer/Distributor under the Contract, with written approval from the State. Sections 4.21.2 and 5.7 of the Bid Solicitation provide specific requirements and forms necessary for utilizing a Dealer/Distributor. It is the Bidder/Contractor who must submit the forms listed in Section 5.7 for each Dealer/Distributor prior to any work being performed on the Contract.

A: 1. The term “agent” is not used in this Bid Solicitation. Any authorized Dealer(s)/Distributor(s) must agree to all terms and conditions contained within the Bid Solicitation and must agree to provide all products and services in accordance with the Contract specifications, terms, conditions and pricing.

2. All Bidders must fill out the Bid Solicitation Forms Packet in the attachment entitled, “T0109 Bid Solicitation Checklist and Forms Packet Revised 12.12.23.” It is the Bidder/Contractor who will be required to submit the forms listed in Section 5.7 of the Bid Solicitation for each Dealer/Distributor prior to the Dealer/Distributor being permitted to perform any work on the Contract. It is the responsibility of the Contractor to make sure that all appropriate forms are submitted, as required by the Bid Solicitation.

A: The State does not accept the suggested changes to the Standard Terms and Conditions. Terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single vendor’s terms.

A: According to Bid Solicitation Section 3.27, “The Bidder shall provide the discount percent (%) to be applied to the manufacturer/brand equipment price catalog. Dated Catalogs must be submitted prior to award and Contractor may submit revised Catalogs annually from the Contract Effective Date.”

A: Please refer to Section 3.27, which states, in part: “The Bidder shall provide the discount percent (%) to be applied to the manufacturer/brand equipment price catalog. Dated Catalogs must be submitted prior to award and Contractor may submit revised Catalogs annually from the Contract Effective Date.”

A: Section 4.4.1 has been revised as follows: “Using Agencies have the option to purchase extended warranties or not. Extended warranties will be quoted post-award by Agency request, on an as-needed basis. Extended warranties that exceed the life of the Contract shall adhere to all terms and conditions of the contract in effect at the time of their inception.” Additionally, per Bid Solicitation Section 4.5.1, “The Contractor shall provide maintenance and repair service and support on a time and material basis for equipment and software after the initial one-year warranty has expired (refer to Schedule H of the State-Supplied Price Sheet),” and per subsection 1(b), optional onsite maintenance plans can be proposed.

A: All Bidders must fill out the Bid Solicitation Forms Packet, in the attachment entitled, “T0109 Bid Solicitation Checklist and Forms Packet Revised 12.12.23.” Please see Bid Solicitation Section 3.13 for information on each form the Bidder is required to submit.

Section 5.7 refers to a situation where, if the Bidder is not the OEM/manufacturer, it must provide a list of the Dealer(s)/Distributor(s) that will service the Contract, and the Bidder must submit the list of forms for each Dealer/Distributor.

A: The State-Supplied Price Sheet has been revised in order to address this question. Please see the attachment entitled, “T0109 State-Supplied Price Sheet Revised 12.12.23.”

A: Any potential wage classifications cannot be determined hypothetically, and would need to be determined by the Contractor based on the scope of any proposed future work after award of this Bid Solicitation.

A: Contractors are subject to all requirements under The New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 et seq. Please see the answer to Question 9 for more information.

A: The New Jersey Standard Terms and Conditions (NJSSTCs) Section 6.1 states, “In an exceptional situation, the State may consider a price adjustment. Requests for price adjustments must include justification and documentation.” All requests must be reviewed and approved by the Bureau before going into effect. Vendors are under continued obligation to provide the current contracted price until the price increases are reviewed and approved.

A: Equipment must also be provided. Per Bid Solicitation Section 1.1, “The purpose of this Bid Solicitation is to solicit Quotes from qualified Bidders for the purchase and installation of new radio communication equipment and systems, as well as additions to, upgrades of, and maintenance and support of existing radio communication equipment & systems.”

A: No. Vendors must use the State-Supplied Price Sheet to provide a single discount for each category.

A: These codes listed on the Items Tab of the Bid Solicitation indicate all of the unique commodity codes pertaining to this Bid Solicitation. These codes are then used to generate the Bidder’s list. These do not reflect individual line items. Bidders should only refer to the State-Supplied Price Sheet when providing pricing.

A: Please see response to Question 17.

A: The State-Supplied Price Sheet has been revised in order to address this question. Please see the attachment entitled, “T0109 State-Supplied Price Sheet Revised 12.12.23.”

A: No. All Categories pertaining to this Bid Solicitation are listed in Bid Solicitation Section 4.2.1 and Section 4.2.2, as well on the State-Supplied Price Sheet.

A: Per Bid Solicitation Sections 3.27 and 4.19, the State will accept revised Catalogs annually from the Contract Effective Date. Additionally, Section 6.1 of the New Jersey Standard Terms and Conditions states “In an exceptional situation, the State may consider a price adjustment. Requests for price adjustments must include justification and documentation.”

A: As per Bid Solicitation Section 3.27, “The State-Supplied Price Sheet includes multiple tabs labeled “Brand 1” through “Brand 20”. Bidders may propose a maximum of 20 brands. Therefore, if the Bidder wants to propose multiple brands, then the Bidder must fill out all required fields for each brand using the tabs provided. For example if the Bidder proposes five (5) different brands, then tabs “Brand 1”, “Brand 2”, “Brand 3”, “Brand 4”, and “Brand 5” must be filled out”.

A: All Bidders are required to submit the forms listed in Bid Solicitation Section 3.13 at the time indicated. The forms are also listed in the Bid Solicitation Forms Packet, attachment entitled, “T0109 Bid Solicitation Checklist and Forms Packet Revised 12.12.23.”

Additionally, all Bidders shall submit a Technical Quote, as described in Bid Solicitation Section 3.14.

A: The State does not accept the proposed revision. Terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single vendor’s terms.

A: Bid Solicitation requirements are as stated in Section 4.14.

A: Please see response to Question 22.

A: Warranty starts at the time of acceptance and signoff by the Using Agency.

A: The equipment proposed is to be listed in the manufacturer/brand equipment price catalog. Installation is to be provided according to the hourly rates proposed on the State-Supplied Price Sheet.

A: Please see response to Question 17.

A: Bidders shall submit pricing for maintenance under Schedule H on the State-Supplied Price Sheet. Schedule H is for Time and Material/ Hourly Maintenance and Repair Services.

A: Insurance requirements are the same for OEMs and Distributors. Please refer to Section 4.1, Insurance, of the NJSSTCs for insurance requirements.

A: The Bidder must download and submit electronic copies of manufacturer/brand equipment price catalog prior to award.

A: Per Bid Solicitation Section 4.21.1, “The Contractor may substitute or add products during the term of the Contract provided that they are the same brands as originally awarded and serve the same comparable functions as the product they replace. All additions, substitutions, or deletions will require written approval from the State. A Contractor shall not make any changes to its approved price list or provide any quotes with additional or substitute products until written approval is obtained from the State.”

A: Bid Solicitation Section 1.1 states, in part, “The State intends to award to multiple Contractors per category, with one (1) award set-aside for a Small Business Enterprise (SBE) or Disabled Owner Veteran Business (DVOB).”

A:Please refer to the attachment entitled, “T0109 Bid Solicitation Checklist and Forms Packet Revised 12.12.23” for all forms related to this Bid Solicitation. Forms can also be found at the following link: https://www.state.nj.us/treasury/purchase/forms.shtml

A: Yes, the State is open to CAD/RMS offerings that aren’t a SaaS model as long as they fall within categories listed in Section 4.2.1.

A: Per Bid Solicitation Section 4.19, “Requests for price list updates shall be limited to the category of product that a Contractor is awarded and shall meet the definition/requirements of the category. The file name should contain the Contract number and date of the revised price list. The Contractor must provide the revised price list for the specific category awarded to the procurement via email, in pdf or Excel format. The correspondence to the Division with the revised price list shall reference the location of the specific price line that has been revised. The revised price list will not be considered valid until it has been reviewed and approved by the Procurement Bureau and published in NJSTART.

Price list annual refresh requests must be submitted to the State Contract Manager or designee for approval, at least 30 calendar days prior to each annual contract effective date. Failure to meet this submittal date requirement may result in disapproval of that year’s request. Compliance with the aforementioned requirements are the basis for approval and or disapproval.”

A: Bidders shall only utilize the State-Supplied Price Sheet to offer pricing. Please see the attachment entitled “T0109 State-Supplied Price Sheet Revised 12.12.23.” The discounts submitted on the State-Supplied Price Sheet are minimum discounts. If awarded, Contractors have the option to provide the State with higher discounts.

A: Please refer to the answer for Question #37.

A: This is not a question and cannot be answered as posed.

A: The Bid Solicitation has been revised in order to address this question. Please see the attachment entitled, “T0109 Bid Solicitation Revised 12.12.23.”

A: As per Sections 3.27 and 4.3.4, Vendor’s quote must include initial programming (Schedule L). Subsequent programming would be requested by the State, and quoted by the Contractor at that time.

A: Please see response to Question 27.

A: The State does not accept the proposed revision. Pricing and rates for contract extensions will be reflected in the text of the extension itself and/or accompanying price sheets. No other pricing guarantees will be made at this time.

A: The State does not accept any proposed revision to the identified section. Terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single vendor’s terms.

Payments must be made no later than thirty (30) days after the end of each calendar quarter, and must be made directly to Periscope on behalf of the State, as provided in Section 5.11(C) of the Bid Solicitation.

A: Please see response to Question 15.

A: Per Bid Solicitation Section 4.4.1, the manufacturer’s warranty shall include all repairs, replacement, parts, service, labor and shipping. Warranty for software shall include any updates, upgrades, or new releases made available during the warranty period.

A: Per Section 4.4.4(1), the Using Agency will assign the Severity Level, which dictates Contractor requirements for response time and trouble clearance. Response status is to be provided by telephone. Trouble clearance can be cared for over the phone, or on-site as required.

A: As per Section 4.3.2(3){c}, “A delivery schedule shall be negotiated between the Contractor and the Ordering/Using Agency as part of the ordering process.”

A: Please see response to Question 55.

A: If a State Agencies requests supply and installation of equipment, the awarded contractor must supply and install, and quote accordingly. Otherwise, Agencies have the right to buy equipment and install it themselves.

A: Section 4.5.1 does not refer “only” to Subcontractor maintenance agreements. This section prohibits Contractors from submitting any maintenance agreement directly to the Using Agencies as the terms of any maintenance are controlled by this Contract’s terms. Maintenance agreements are not required to be submitted at the time of Bid. However, Maintenance pricing based on time and material / hourly prices must be provided at the time of bid on Schedule H of the price sheet, as stated in Section 3.27 of the Bid Solicitation. Additionally, as clarified in the amended Section 4.5.1, Contractors are permitted to submit a Statement of Work detailing end-user and Contractor responsibilities, but additional maintenance terms will not be accepted.

A: As per Section 4.4.1, the Warranty period begins at user acceptance. For equipment that requires installation, acceptance is when the equipment is installed by the Using Agency or the Contractor, and the equipment is determined to be in good working order by the Using Agency. Acceptance for equipment that does not require installation is when the equipment is delivered and received by the Using Agency. Such acceptance will not be unreasonably withheld.

A: The Using Agency will determine if the replacement/substitute part is acceptable and is of equal or better quality of the original part upon review of the product specification sheet submitted by the Contractor.

A: The Using Agency will determine whether the parameters outlined in Bid Solicitation Section 4.16.1 are within reason.

A: Per the language in Bid Solicitation Section 4.21.1, “The Contractor may substitute or add products during the term of the Contract provided that they are the same brands as originally awarded and serve the same comparable functions as the product they replace.”

A: A product that is out of Warranty shall be eligible for support via Time & Materials.

A: Any Purchase Orders placed on a Blanket PO prior to the expiration date can be continued until the project is completed.

A: Please see response to Question 12.

A: Per the NJSSTC Section 6.1, “The Director must be notified, in writing, of any price reduction within five (5) days of the effective date.” Regarding the approval of a price increase, the Contractor will be notified by the Bureau once an increase has been approved by the Director, and the change has been applied in NJSTART.

A: Please see response to Question 27.

A: The State-Supplied Price Sheet has been revised in order to address this question. Please see the attachment entitled, “T0109 State-Supplied Price Sheet Revised 12.12.23.”

A: Please see response to Question 15.

A: No. Pursuant to Bid Solicitation Section 3.21, the State requires any Bidder to either be the Original Equipment Manufacturer (OEM) or an authorized Distributor with a letter of certification from the OEM that the company is certified as a distributor as of the date of Quote opening. Other types of resellers are not permitted according to this contract.

A: Per Bid Solicitation Section 3.26, “For privately held companies the Bidder should provide the certified financial statement (audited or reviewed) in accordance with applicable standards by an independent Certified Public Accountant, including a balance sheet, income statement, and statement of cash flow, and all applicable notes for the most recent calendar year or the Bidder’s most recent fiscal year.

If the information is not supplied with the Quote, the State may still require the Bidder to submit it. If the Bidder fails to comply with the request within seven (7) business days, the State may deem the Quote non-responsive.”

A: Yes. Per Bid Amendment #3, the Bid Opening Date has been revised from November 15, 2023 to January 17, 2024.

A: If a manufacturer does not pursue its own T0109 contract, one or more authorized Dealers/Distributors may be awarded the contract as long as their Quote(s) is/are deemed responsive. Per Bid Solicitation Section 1.1, “It is the intent of the State to award Contracts to those responsible Bidders whose Quotes, conforming to this Bid Solicitation are most advantageous to the State of New Jersey (State), price and other factors considered. The State may award any or all price lines.”

A: Please see response to Question 73.

A: Please see the answer to Question #73.

A: Please see the answer to Question #74.

A: Per Bid Solicitation Section 3.13.8, Bidders intending to use Subcontractor(s) shall list all subcontractors on the Subcontractor Utilization Plan form. This form is included in the attachment entitled, “T0109 Bid Solicitation Checklist and Forms Packet Revised 12.12.23.”

A: The State declines to provide advice on individual Contractor, Subcontractor, or Dealer/Distributor arrangements. However, it is noted that pursuant to Bid Solicitation Section 4.3.9(3), the Contractor must be an OEM or a direct authorized Dealer/Distributor of the manufacturer of the products which it proposes to furnish. The State reserves the right to request the Contractor’s status at any time. Failure to provide the required certification may result in bid rejection or contract cancellation. Further, as stated in section 4.21.2, if the Contractor is the OEM/manufacturer, it must provide a list of the Dealer(s)/Distributor(s) that will service the Contract, if applicable. The addition or deletion of an authorized Dealer/Distributor will require written approval from the State.

New Jersey Is an Equal Opportunity Employer • Printed on Recycled and Recyclable Paper image1.png