T1466 Bid Amend5 Responses to Electronic Questions 8.19.25~2.pdf

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

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

State Treasurer

TAHESHA L. WAY

Lt. Governor

AMY F. DAVIS, ESQ.

Acting Director https://www.njstart.gov

August 19, 2025

To: All Interested Bidders

Re: Bid Solicitation # 25DPP01122

T1466 – Video Teleconferencing Equipment and Services

Current Quote Submission Due Date: September 22, 2025 (2:00 p.m. Eastern Time) Revised Quote Submission Due Date: September 24, 2025 (2:00 p.m. Eastern Time)

Bid Amendment #5

The following constitutes Bid Amendment #5 to the above referenced Bid Solicitation:

• The Quote Submission Due Date has been extended from Monday, September 22, 2025 to Wednesday, September 24, 2025;

• Answers to electronic Bidder questions submitted during the first electronic Question and Answer period;

• “T1466 Attachment 3 – State-Supplied Price Sheet 3/7/2025” has been deleted and replaced with

“REVISED T1466 Attachment 3 – State-Supplied Price Sheet 8/19/2025; and

• A revised Bid Solicitation entitled, “REVISED T1466 Bid Solicitation 8/19/2025”.

o Please note that for all additions, deletions, clarifications and modifications to the Bid

Solicitation, refer to “REVISED T1466 Bid Solicitation 8/19/2025”. The following revisions are included in the Revised Bid Solicitation:

Section 3.17, Price List and/or Catalog, Revised;

Section 3.26, Resumes, Deleted;

Section 3.29, State-Supplied Price Sheet Instructions, Revised;

Section 4.1, Video Conferencing Equipment (VC), Revised;

Section 4.3, Customer Support Service, Revised;

Section 4.8, Warranty, Revised;

Section 4.9, Post Warranty Maintenance, Revised;

Section 4.9.1, All Inclusive Annual Maintenance, Deleted;

Section 4.9.2, Time and Material Maintenance, Deleted;

Section 4.10, Procedural Requirements, Revised;

Section 4.11, Training, Revised;

Section 4.13, Delivery, Revised;

Section 4.16, Contractor Personnel, Revised;

Section 4.19, Price, Revised;

Section 4.9, Post Warranty Maintenance, Added; and Section 6.4, Privacy, Revised.

• The second electronic Question and Answer period will be received until 2:00 p.m. Eastern Time on August 29, 2025. Questions that will be considered will be limited only to subject matter related to the following:

o The revisions to the Revised Bid Solicitation Sections listed above. Refer to “REVISED T1466

Bid Solicitation 8/19/2025; and o REVISED T1466 Attachment 3 –State-Supplied Price Sheet 8/19/2025.

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 # 25DPP01122 T1466 - Video Teleconferencing Equipment & Services

Answers to Questions

Where applicable, each question references the appropriate Bid Solicitation section.

# Bid Solicitation Section Reference Question (Bolded) and Answer

1 Quote Submission

Q: Please confirm a Bidder may deliver a hardcopy quote instead of submitting a response electronically.

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

2 Quote Submission

Q: Should I check that I have properly completed and attached all of the required documents with my submitted Quote?

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 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.

3 PDF Documents

Q: When trying to open a Portable Document Format (PDF), I am receiving an error message and am unable to access the PDF. How should I proceed?

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 options is to disable the built in PDF viewers in Chrome or Firefox.

4 Exceptions

Q: Will the State allow Bidders to take exception to any of the Standard Terms and Conditions?

A: As stated in Bid Solicitation Section 2.2, 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).” Moreover, as stated in Bid Solicitation Section 3.11, Bidder proposed terms or conditions that conflict with those contained in the State of New Jersey Standard Terms and Conditions may render a Quote non-responsive.

5 Section 1.1 Purpose and Intent

Q: Will this be a multi-vendor award?

A: As indicated in Section 1.1, Purpose and Intent, it is the intent of the State of New Jersey (State) to award Contract(s) to those responsible Bidder(s) whose Quote(s), conforming to this Bid Solicitation are most advantageous to the State, price and other factors considered.

6 Section 1.1 Purpose and Intent

Q: How would you like cabling pricing to be priced out. You dont have a separate line for that so can you please clarify.

A: The price for cabling will be included within the price for the complete VC system installation. Contractors may only supply new cabling as part of a complete VC system purchase and installation. No separate price line will be included for cabling. Please refer to REVISED T1466 Bid Solicitation 8/19/2025, Section 4.1, Video Conferencing Equipment (VC).

Section 2.1

Electronic Question and Answer Period

Q: Will the State be sharing all questions asked?

A: All Electronic Bidder Questions received during the Question and Answer Period are included within this Bid Amendment.

Section 3.11 Bidder Additional

Terms Submitted with the Quote

Q: We would propose to add our licensing and terms of use terms and conditions as an attachment to the Contract (our General Terms).

Rationale: We respectfully request this add as the contract is currently missing critical licensing and terms of use language, as well as our Data Protection Agreement (which is also available via our General Terms), applicable to the goods and service proposed under the contract.

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

Pursuant to Bid Solicitation Section 3.11 Bidder Additional Terms submitted with the Quote, Bidder proposed terms or conditions that conflict with those contained in the State of New Jersey Standard Terms and Conditions will render a Quote non-responsive.

Section 3.13.6 Service Performance within the United States

Q: Request/Rationale: We respectfully request removing this provision as this contract as one primarly for equipment and this provision will not apply, as a result.

A: The Source Disclosure Certification (N.J.S.A. 52:34-13.2) is required for Contracts that are “primarily for the performance of services.” This is a Contract primarily for products and not services accordingly the form would not be required.

Section 3.13.6 Service Performance

Within the United States

Q: Please confirm that the State considers this contract a contract that is primarily for products, and as such, this section would not apply.

A: Please see response to Question #9.

Section 3.13.8.1 Small Business and/or

Disabled Veterans’ Business

Q: Sections 3.8 and 3.9 indicate that SMALL BUSINESS SET-ASIDE CONTRACTS and DISABLED VETERANS’ BUSINESS SET-ASIDE CONTRACT are “NOT APPLICABLE TO THIS PROCUREMENT.” However, Section 3.13.8.1 states: “This is a Contract with set-aside subcontracting for New Jersey Small Business Enterprises and/or Disabled Veterans’

Subcontracting Set- Aside Contract

Business.” Please confirm Sections 3.8 and 3.9 are correct and the SB/DVB set asides described in 3.13.8.1 are not applicable to this procurement.

A: Sections 3.8, Small Business Set-Aside Contracts, and 3.9, Disabled Veterans’ Business Set-Aside Contract, are not applicable to this procurement because this procurement is not a full Small Business or Disabled Veterans’ Business set-aside. This procurement is a subcontracting Small Business and Disabled Veteran-Owned Business set-aside, which makes Section 3.13.8.1, Small Business and/or Disabled Veterans’ Business Subcontracting Set-Aside Contract, applicable to this procurement.

Section 3.15

Bidder Quote Overview Form

Q: We do not see the “Bidder Quote Overview Form” in NJStart. Please clarify where we can locate the form or provide the form.

A: Yes, the document is located on the “Attachment” tab in NJSTART. Please see Section 3.15, Bidder Quote Overview Form, in the Bid Solicitation.

Section 3.15 Bidder Quote

Overview Form

Section 3.16 Bidder Data Sheet/Form

Q: You mention a "Bidder Quote Overview Form" and a "Bidder Data Sheet". Is there a standard format form you are providing or is the is a generic term for something you would like the bidding vendor to create?

A: Please see response to Question #12.

Section 3.16 Bidder Data Sheet/Form

Q: We do not see the “Bidder Data Sheet/Form” in NJStart. Please clarify where we can locate the form or provide the form.

A: Please see response to Question #12.

Section 3.17

Price List and/or Catalog

Q: The Bidder acknowledges that any references to, minimum orders, order threshold charges, service charges, price escalation clauses, sales or other applicable taxes, FOB shipping point limitations, and shipping charges, contained in the preprinted price lists, catalogs, and/or literature, shall not apply or become part of any Contract awarded as a result of this Bid Solicitation.

Redline Text: The Bidder acknowledges that any references to, minimum orders, order threshold charges, service charges, price escalation clauses, sales or other applicable taxes, and shipping charges, contained in the preprinted price lists, catalogs, and/or literature, shall not apply or become part of any Contract awarded as a result of this Bid Solicitation.

Rationale: We respectfully request this change because our delivery process is FOB Origin for all customers. This consistency allows for expediency in fulfilling orders and also gives the State more control over carrier selection, transportation, and freight costs as well as the ability to optimize logistics according to the State’s specific needs.

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

Section 3.17

Price List and/or Catalog

Q: Would the T1466 RFP recompete Consider a discount off of the OEM current List Price by Product Category IE Control, Audio, Video, Peripherals, Displays, etc. verses individual SKUs. This would allow for the contract to not have to be refreshed and only required latest price book to be provided.

A: The State does not accept this proposed modification.

17 Section 3.26 Resumes

Q: The current language in this section requires the submission of detailed resumes for all management, supervisory, and key personnel assigned to the contract.

However, this requirement is rooted in a legacy execution strategy and does not align with modern practices of global customer delivery organizations. Therefore, we respectfully propose the removal of this language for several key reasons:

*Dynamic Resource Allocation: In contemporary delivery models, resources are assigned based on geographical territories rather than fixed to specific contracts, enabling the vendor to deploy the most appropriate personnel for specific project needs, enhancing efficiency and response times. This approach allows for flexibility and optimized resource utilization across the contract.

*Focus on Organizational Capability: Evaluating vendors based on their organizational processes and track record rather than individual resumes provides a more accurate assessment of their ability to meet contract requirements. The strength of a modern vendor lies in its organizational expertise, processes, and systems rather than the qualifications of individual personnel. This collective capability ensures successful project delivery and customer satisfaction.

*Customer-Specific Expertise: Each Using Agency under the contract is supported by a dedicated account team that is deeply familiar with that customer's technology needs. This ensures that when an agency wants or needs to make a contract purchase, their dedicated account team provides the necessary knowledge and experience to guide them through the process.

A: The State accepts this proposed modification to remove Section 3.26, Resumes, from the Bid Solicitation. Please refer to REVISED T1466 Bid Solicitation 8/19/2025, Section 4.3, Customer Support Service, regarding the right to request change of personnel.

Section 3.29

State-Supplied Price Sheet Instructions

Q: Is it possible to add additional manufacturer lines to the price sheet, making it more than fifteen? We believe that including a wider range of manufacturers is essential to ensure the creation of a complete and robust system. Please let us know.

A: Yes, up to 30 total manufacturer lines may be added to the State-Supplied Price Sheet. Please refer to REVISED T1466 Bid Solicitation 8/19/2025, Section 3.29, State- Supplied Price Sheet Instructions, and the REVISED T1466 Attachment 3 - State- Supplied Price Sheet 8/19/2025.”

19 Attachment 3-State Supplied Price Sheet

Q: Within attachment 3 – State Supplied Price Sheet, should we be putting tabbed categories for each brand (ie: 1a-Microphones, tab 2 would be 2a-Displays) along with the MRSP that we intend to propose?

A. No. Bidders shall list the brands proposed, along with the percent discount off MSRP for each brand. Bidders are not to provide tabbed categories for each brand.

20 Attachment 3-State Supplied Price Sheet

Q: Can we add more than the allotted slots on the provided attachment 3?

A: Please see response to Question #18.

State-Supplied Price Sheet Instructions

Q: Would the T1466 RFP recompete allow for additional labor categories to be added to the contract for on-site staffing support and managed service support? With the increasing complexity and importance of video conferencing solutions, we believe that incorporating managed services would greatly enhance the overall value and effectiveness of the offering. Managed services can ensure optimal performance, regular maintenance, and prompt issue resolution, thereby providing a seamless and reliable experience for end-users. We kindly request that you consider including managed services as a part of the RFP requirements.

A: Additional labor categories cannot be added. As specified in Section 1.1, Purpose and Intent, managed video services are not within the scope of this Bid Solicitation.

State-Supplied Price Sheet Instructions

Q: Would the T1466 RFP recompete allow for the inclusion of media services such as town hall events with camera crew and equipment, video teleconferencing (VTC), streaming, and production, as well as the capability for virtual events? Incorporating media services would provide comprehensive support for a wide range of communication needs, from live town hall events to virtual conferences. This would ensure high-quality production and seamless execution, enhancing the overall user experience and engagement.

23 Section 4.2 Labor Categories

Q: Can additional labor categories be added? i.e. Programming

A: Additional labor categories cannot be added.

Section 4.8 Warranty

(Part 1 of 2)

Q: All equipment and software shall operate in accordance with the manufacturer’s standard specifications and documentation. The system shall carry a minimum one

(1) year warranty period at no additional cost to the State, which would commence after the equipment is installed and accepted by the Using Agency. All repairs and replacements under the warranty are to be at no charge for parts, service, travel and labor to the State. Firmware and software updates, upgrades or new releases, including installation labor and/or technical support shall be made available at no charge during the warranty period. If a product must be returned during the warranty period due to a a defect, malfunction or dead on arrival, the Contractor shall provide a replacement within 24 hours and pay the shipping charges Continued in Part 2…

A: Please see response to Question #25.

Section 4.8 Warranty

(Part 2 of 2)

Q: Redline Text: 4.8.1 GENERALLY All equipment and associated software shall operate in accordance with the manufacturer’s standard specifications and documentation. Notwithstanding anything to the contrary in this Bid Solicitation, acceptance of equipment or hardware delivery will occur upon the earlier of: (i) sixty

(60) days after the equipment or hardware delivery, if the Using Agency fails to notify Contractor of any external or concealed damage within the Acceptance Period (as defined in Section 5.11.1(C) of the State of New Jersey Standard Terms and Conditions), or (ii) upon the Using Agency’s written acceptance of such equipment or hardware delivery. All repairs and replacements under the warranty are to be at no charge for parts, service, travel and labor to the State. Firmware and software updates, upgrades or new releases, including installation labor and/or technical support shall be made available at no charge during the warranty period. If a product must be returned during the warranty period due to a defect, malfunction or dead on arrival, the Contractor shall provide a replacement in accordance with the Contractor’s warranty terms and pay the shipping charges.

Rationale: While a maintenance program is available, it will be subject to an additional fee. Further, the acceptance language is similar language to that agreed upon between us and the State of NJ in our agreement for networking equipment, wherein we define a period by which acceptance must occur, or the hardware will be deemed accepted. This avoids significant revenue recognition implications and provides the State with consistency in contractual terms.

A: The State does not accept this proposed modification. Terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single vendor’s terms. Please refer to REVISED T1466 Bid Solicitation 8/19/2025, Section 4.8, Warranty.

Warranty

(Part 1 of 2)

Q: Rationale: We respectfully request to add our standard limited manufacturer’s warranties. We agreed with the State to the same standard warranty terms with respect to our agreement for networking equipment and this ensures not only continuity with our product warranty offerings but also provides the State with consistency in contractual terms.

Proposed New Language: 4.8.2 LIMITED WARRANTIES All hardware products are sold, software licensed, and services delivered with Contractor’s standard limited warranty as set forth below. A. Hardware Products. Contractor warrants that from the date of shipment by Contractor to Using Agency and continuing for a period of the longer of (a) ninety (90) days or (b) the period set forth in the warranty card accompanying the product or at [warranty webpage URL placeholder], the hardware product will be free from defects in material and workmanship, under normal use.

This limited warranty extends only to the original user of the product. Continued in Part 2...

A: Please see response to Question #25.

Warranty

(Part 2 of 2)

Q: Using Agency’s sole and exclusive remedy and the entire liability of Contractor and its suppliers under this limited warranty will be, at Contractor's or its service center's option, (i) shipment of a replacement within the period and according to the replacement process described in the warranty card (if any) or if no warranty card, as described at [warranty webpage URL placeholder], or (ii) a refund of the purchase price, if the hardware product is returned to the party supplying it to Using Agency, if different than Contractor, freight and insurance prepaid. Contractor replacement parts, used in the replacement of hardware products, may be new or equivalent to new. Contractor's obligations hereunder are conditioned upon the return of affected products, in accordance with Contractor's then- current return procedures. This limited warranty does not apply if the hardware product (i) has been altered, except by Contractor or its authorized representative, (ii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Contractor, (ii) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; or (iv) is licensed or provided for beta, evaluation, testing or demonstration purposes.

Warranty

New Section (Part 1 of 2)

Q: Rationale: We respectfully request to add our standard limited manufacturer’s warranty for embedded software. We agreed with the State to the same standard warranty terms with respect to our agreement for networking equipment and this ensures not only continuity with our product warranty offerings but also provides the State with consistency in contractual terms.12`

Proposed New Language: B. Embedded Software Products. Contractor warrants that Embedded Software will substantially conform to the applicable documentation of the Embedded Software for the longer of (i) ninety (90) days following the date the Embedded Software is made available to Using Agency for use or (ii) as otherwise set forth at [warranty webpage URL placeholder]. This warranty does not apply if the Embedded Software, the hardware product supplied by Contractor, or any other equipment upon which the Embedded Software is authorized to be used: (i) has been altered, except by Contractor or its authorized representative, (ii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Contractor, (iii) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; (iv) is licensed for beta, evaluation, testing or demonstration purposes or other circumstances for which there is not payment of a purchase price or license fee; or (v) has not been provided by an authorized reseller of Contractor. Contractor will use commercially reasonable efforts to deliver to Embedded Software free from any viruses, programs, or programming devices designed to modify, delete, damage, or disable the Embedded Software or data. Continued in Part 2...

Warranty

New Section (Part 2 of 2)

Q: At Contractor’s option and expense, Contractor shall repair, replace, or cause the refund of the license fees paid for the non-conforming Embedded Software. This remedy is conditioned on Using Agency’s reporting the non- conformance in writing to Contractor within the warranty period. Using Agency may be required to return the Embedded Software, the Contractor hardware product, and/or Documentation as a condition of this remedy. This is the Using Agency’s sole and exclusive remedy under this warranty for Embedded Software. Except as set forth herein, Embedded Software are provided “as-is”. Contractor does not warrant that Embedded Software will operate uninterrupted or error-free or that all errors will be corrected. In addition, Contractor does not warrant that the Embedded Software or any equipment, system or network on which the Embedded Software is used will be free of vulnerability to intrusion or attack.

Warranty

New Section

Q: Rationale: We respectfully request to add our standard limited manufacturer’s warranty for cloud software. We agreed with the State to the same standard warranty terms with respect to our agreement for networking equipment and this ensures not only continuity with our product warranty offerings but also provides the State with consistency in contractual terms. Proposed New Language: C. Cloud Software Products. Unless otherwise provided for in the applicable Cloud Offer Description, Contractor warrants that it will provide the Cloud Software in accordance with the Cloud Offer Description using commercially reasonable skill and care. Upon prompt notification by Using Agency of Contractor’s breach of this warranty, to the extent permitted by applicable law, Contractor will, at Contractor’s option (i) repair or replace the Cloud Software, or (ii) refund fees paid to Contractor for the period in which the Cloud Software did not materially comply with the Cloud Software Offer Description. This is Using Agency’s sole and exclusive remedy under this warranty for Cloud Software.

Warranty

New Section

Q: Rationale: We respectfully request to add our standard limited manufacturer’s warranty for services. We agreed with the State to the same standard warranty terms with respect to our agreement for networking equipment and this ensures not only continuity with our product warranty offerings but also provides the State with consistency in contractual terms.

Proposed New Language: D. Services. Contractor warrants that Services sold under this Contract will be performed in a workmanlike manner and, where applicable, will materially comply with the applicable Service Description. Using Agency must promptly notify Contractor of a breach of this warranty. Using Agency’s sole and exclusive remedy for any breach of this warranty shall be, at Contractor’s option, (i) re-performance of the Services, or (ii) termination of the applicable Service and return of the portion of fees paid to Contractor by the Using Agency for such non-conforming Services.

Warranty

New Section

Q: Rationale: We respectfully request to add our standard limited manufacturer’s warranty disclaimer. We agreed with the State to the same standard warranty disclaimer with respect to our agreement for networking equipment and this ensures not only continuity with our product warranty offerings but also provides the State with consistency in contractual terms.

Proposed New Language: 4.8.3 DISCLAIMER OF WARRANTY EXCEPT AS EXPRESSLY

PROVIDED IN THIS SECTION 4.8, CONTRACTOR HEREBY DISCLAIMS ALL

REPRESENTATIONS, CONDITIONS AND WARRANTIES (WHETHER EXPRESS, IMPLIED,

OR STATUTORY), INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR

CONDITION (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

NONINFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT,

ACCURACY, OR SYSTEM INTEGRATION, OR (B) ARISING FROM ANY COURSE OF

DEALING, COURSE OF PERFORMANCE, OR USAGE IN THE INDUSTRY. TO THE EXTENT

AN IMPLIED WARRANTY OR CONDITION CANNOT BE DISCLAIMED, SUCH WARRANTY

OR CONDITION IS LIMITED IN DURATION TO THE APPLICABLE EXPRESS WARRANTY

PERIOD.

Section 4.9

Post-Warranty Maintenance

Q: Original Text: After warranty expiration, the Contractor shall provide all - inclusive annual, time & material, and Mail-Back Maintenance options for the Using Agencies as described below:

Redline Text: After warranty expiration, the following Maintenance options are available for purchase by the Using Agencies as described below:

Rationale: We respectfully request this change because while a maintenance program is available, it will be subject to an additional fee.

A: The State has altered its requirements for Post Warranty Maintenance. Please refer to REVISED T1466 Bid Solicitation 8/19/2025, Sections 3.17, Price List and/or Catalog, 3.29, State-Supplied Price Sheet Instructions, and 4.9, Post Warranty Maintenance.

Section 4.9.1

All Inclusive Annual Maintenance

Q: Original Text: ALL INCLUSIVE MAINTENANCE All inclusive maintenance shall include the following:

Rationale: We respectfully request this change because while a maintenance program is available, it will be subject to an additional fee.

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

All Inclusive Annual Maintenance

Q: Original Text: Coverage for all equipment, software and applications

Redline Text: Coverage for all equipment, software and applications purchased by the Using Agency

Rationale: We respectfully request this change for clarity.

A: Please see response to Question #33.

All Inclusive Annual Maintenance

Q: Original Text: A preventive maintenance program that shall include the following:

o An annual audit of all installed software and hardware to ensure that they are at the appropriate patch and release level, results for which should be delivered to the Using Agency within 30 Calendar Days of completion o Using Agency approval of any preventive maintenance program and associated schedule o Contractor notification to the Using Agency at least 72 hours prior to any scheduled maintenance shutdown

Redline Text: A preventive maintenance program that shall include the following: o Information on then-current patch and release levels of the software and firmware, if any, available upon written request by the State o Using Agency approval of any preventive maintenance program and associated schedule o Contractor notification to the Using Agency at least 72 hours prior to any scheduled maintenance shutdown

Rationale: This change is necessary because we do not provide or have a means of providing such audit or reporting to customers, but we can agree to make the information available, upon written request by the State.

All Inclusive Annual Maintenance

Q: Original Text: A factory field service workforce capable of performing all maintenance tasks.

Redline Text: A factory field service workforce capable of the replacement of defective parts.

Rationale: This change is necessary because the original language did not properly define the role of our field workforce. The maintenance provided by our field service workforce is specific to the replacement of parts.

All Inclusive Annual Maintenance

Q: Original Text: Manufacturer discontinued equipment shall be replaced by the latest version available in the event of a failure.

Redline Text: Manufacturer discontinued equipment shall be replaced in the event of a failure, unless such equipment has reached its last date of support.

Rationale: We can agree that the replacement of defective discontinued equipment would be fulfilled by the same type of available discontinued equipment, so long as that equipment has not already reached its last date of support by the time of the failure.

All Inclusive Annual Maintenance

Q: Original Text: NOTE: All terms and conditions under this Contract will govern any maintenance agreement that may occur between the Contractor and the Using Agency.

Redline Text: NOTE: All terms and conditions under this Contract will govern any maintenance agreement that may occur between the Contractor and the Using Agency, for those items purchased hereunder by such Using Agency.

Rationale: We respectfully request this change for clarity.

Section 4.9.2

Time and Material Maintenance

Q: Request/Rationale: We respectfully request to strike this provision in its entirety because our technical support offerings do not include time and materials based support.

41 Section 4.9.3 Mail-Back Maintenance

Q: Original Text: The Contractor shall provide a mail-back maintenance option wherein the replacement equipment will be sent to the Using Agency by the Contractor, and the Using Agency will mail - back the defective piece of equipment.

Shipping costs are to be borne by the Contractor.

Redline Text: If maintenance is purchased by the Using Agency, the Contractor shall provide a mail-back maintenance option wherein the replacement equipment will be sent to the Using Agency by the Contractor, and the Using Agency will mail - back the defective piece of equipment. Shipping costs are to be borne by the Contractor.

Rationale: This change is necessary to provide additional clarity as this mail-back option is available, if the using agency has purchased a maintenance plan.

Section 4.10 Procedural

Requirements

Q: Original Text: The State reserves the right to request proof of the Contractor’s status at any time. Failure to provide the required certification may result in cancellation of awarded brand.

Rationale: We respectfully request that this language be deleted as it has no relevance to the section in which it was included, and we do not understand the references to “required certification” or “status’.

A: The State agrees to remove the referenced language. Please refer to REVISED T1466 Bid Solicitation 8/19/2025, Section 4.10, Procedural Requirements.

Section 4.11 Replacement Parts for

Warranty and Post- Warranty Maintenance

Q: Original Text: Only new parts and materials are permissible (no manufacturer discontinued parts) where replacement of parts and materials are required in accordance with the manufacturer's guidelines to affect the necessary repairs. The State will allow refurbished parts if new parts are no longer available. The State must be notified prior to any replacement of parts and materials with refurbished, and must approve the replacement.

Redline Text: Only new or refurbished parts and materials are permissible (no manufacturer discontinued parts) where replacement of parts and materials are required in accordance with the manufacturer's guidelines to affect the necessary repairs. The State will allow new or refurbished parts as part of the repair process.

Rationale: We respectfully request that replacement parts may include new and refurbished parts because our refurbished parts are provided at a like-new standard and are therefore otherwise indistinguishable from our new parts. We agreed to the same terms in our current networking agreement with the State.

A: The State has altered its requirements for Post Warranty Maintenance. Please refer to REVISED T1466 Bid Solicitation 8/19/2025, Sections 3.17, Price List and/or Catalog, 3.29, State-Supplied Price Sheet Instructions, and 4.9, Post Warranty Maintenance.

The requirement for new parts still remains during the Warranty period. Please refer to REVISED T1466 Bid Solicitation 8/19/2025, Section 4.8, Warranty.

Section 4.12 All-Inclusive Technical Support and Response

Time

Q: Original Text: TECHNICAL SUPPORT AND RESPONSE TIME – WARRANTY AND POST WARRANTY MAINTENANCE The Contractor shall provide a toll-free single point of access to contact technical support that is staffed twenty-four (24) hours per day, seven (7) days a week. The Contractor shall respond to technical support concerns within thirty (30) minutes of notification. During warranty and all-inclusive maintenance periods, on site response time for system failures shall be no longer than twenty-four (24) hours of the notification. Vandalism or misuse is not the responsibility of the Contractor.

Redline Text: TECHNICAL SUPPORT AND RESPONSE TIME The Contractor shall provide a toll-free single point of access to contact technical support that is staffed twenty-four (24) hours per day, seven (7) days a week. Response to a problem reported will be in accordance with the support service description applicable to the maintenance program purchased by the Using Agency. Vandalism or misuse is not the responsibility of the Contractor.

Rationale: We respectfully request this change because the maintenance program terms will be dependent upon the maintenance program purchased by the Using Agency and any response terms will be described in our separate maintenance program document.

A: The State has altered its requirements for Post Warranty Maintenance. Please refer to REVISED T1466 Bid Solicitation 8/19/2025, Sections 3.17, Price List and/or Catalog, 3.29, State-Supplied Price Sheet Instructions, and 4.9, Post Warranty Maintenance.

Thirty (30) minute response time is still required during the Warranty period. Please refer to REVISED T1466 Bid Solicitation 8/19/2025, Section 4.8, Warranty.

Section 4.12.1

Training

Q: Original Text: The Contractor shall offer training and associated manuals for equipment and system operation immediately following system installation at no charge. If required by the Using Agency VC administrator, training shall be provided on-site. Otherwise, online training will suffice. Upon request, the Contractor shall provide follow-up on-site training when requested by the Using Agency. The Using Agency will be responsible to cover the costs for these follow-up on-site meetings.

Redline Text: The Contractor shall offer training and associated manuals for equipment and system operation following system installation at no charge. If training is required by the Using Agency VC administrator, training shall be provided online. Upon request, the Contractor shall provide follow-up on-site training when requested by the Using Agency. The Using Agency will be responsible to cover the costs for these follow-up on-site meetings.

Rationale: We respectfully request this change because our training is provided remotely.

A: The State agrees to allow training to be provided either on-line or on-site. Please refer to REVISED T1466 Bid Solicitation 8/19/2025, Section 4.11, Training.

Section 4.13 Packing and Shipping

Q: Original Text: Equipment damaged due to improper packing and/or shipping shall be replaced by the Contractor(s) at their own expense.

Redline Text: Request to remove Original Text. Rationale: We respectfully request this change because our delivery process is FOB Origin, which gives the State the ability to control these logistics.

A: The State does not accept this proposed modification. Terms and conditions on

47 Section 4.13 Delivery

Q: Original Text: The Contractor shall notify the Using Agency at least forty-eight (48) hours in advance of shipments.

Redline Text: The Contractor shall notify the Using Agency at least forty-eight (48) hours in advance of regular/planned shipments.

Rationale: We respectfully request this change because such notice can be provided for planned shipments.

A: The State accepts this proposed modification of the Redline Text. Please refer to REVISED T1466 Bid Solicitation 8/19/2025, Section 4.13, Delivery.

48 Section 4.13 Delivery

Q: Original Text: If deliveries cannot be affected within the stated time after receipt of order, the Using Agency shall be advised immediately to permit purchase from another source. There will be no back ordering, except upon specific approval of ordering Using Agency;

Redline Text: If deliveries cannot be affected within the stated time after receipt of order, the Using Agency shall be advised immediately to permit purchase from another source. There will be no back ordering, except upon specific approval of ordering Using Agency;

Rationale: We respectfully request this change because our lead times are estimates at the time of quoting and are not a formal commitment. Additional time on the lead time is requested to help mitigate any unforeseen circumstances (i.e. unexpected increase in demand, or unexpected supply chain issues).

A: The State does not accept this proposed modification. Terms and conditions on

49 Section 4.15.1 Using Agency Error

Q: Request/Rationale: We respectfully request to strike this provision in its entirety because all sales are final and as a result, we would not be able to accept a return under the circumstances stipulated in this provision.

A: The State does not accept this proposed modification. Terms and conditions on

Section 4.15

Items Ordered and Delivered

Q: Request/Rationale: We respectfully request to strike this provision in its entirety because all sales are final and as a result, we would not be able to accept a return under the circumstances stipulated in this provision.

A: The State does not accept this proposed modification. Terms and conditions on

51 Section 4.16 Contractor Personnel

Q: If we use a subcontractor that is not based in NJ but has the correct certifications to provide work in NJ, is that acceptable.

A: As stated in Bid Solicitation Section 3.13.8.1, Small Business and/or Disabled Veterans’ Business Subcontracting Set-Aside Contract, any Contractor that wishes to utilize a subcontractor must submit the Subcontractor Utilization Form. Subcontractors do not need to be based in NJ, but do need to have a valid NJ Business Registration Certificate.

52 Section 4.16 Contractor Personnel

Q: Original Text: If the Contractor utilizes Subcontractors to fulfill this contract, all subcontractors must be based in New Jersey and their employees are subject to the same qualifications, standards, and background checks as the Contractor’s employees. Each Subcontractor must submit through the Contractor, a list of all employees that will be servicing the equipment.

Request/Rationale: We respectfully request to strike this clause because our use of subcontractors wheresoever situated is not unique to any one-customer or any one-engagement.

A: The State accepts this proposed modification. Please refer to REVISED T1466 Bid Solicitation 8/19/2025, Section 4.16, Contractor Personnel.

Section 4.18

Additions & Deletions of Product Brands

Q: Can more than 15 manufacturers be listed?

A: Please see response to Question #18.

54 Section 4.19 Price

Q: Would the T1466 RFP recompete consider allowing more flexibility with the price list update requirement? Instead of limiting price list updates to once every twelve months, could we follow the Manufacturers' update schedule? This would help us keep pricing fair and accurate, especially with the frequent changes in tariffs and other economic factors that are out of our control.

A: The State will allow price lists to be updated once every three (3) months. Please refer to REVISED T1466 Bid Solicitation 8/19/2025, Section 4.19, Price.

55 Section 4.19 Price

Q: Original Text: The Contractor may request a price list update once during a rolling twelve (12) month period

Request/Rationale: The Contractor may request a price list update once every quarter of the Contract term.

A: Please see response to Question #54.

56 Section 4.20 Billing and Payment

Q: Original Text: The Contractor shall not withhold support and/or service to the State or other Using Agencies due to non-payment;

Request/Rationale: We respectfully request striking this clause from 4.22 because our provision of the goods and services hereunder is contingent upon the receipt of payment. If, however, this is in reference to appropriation of funds, we can agree to rely on the terms of STCC Section 6.6 (Availability of Funds), for such purposes.

A: The State does not accept this proposed modification. Terms and conditions on

57 Leasing and Financing New Section

Q: Rationale: Contractor would like the option to offer leasing and financing under this contract which will enable a financing entity to enter a lease (at potentially below market rates) financing with the State’s purchaser to negotiate those leasing terms on a transaction-by-transaction basis. This would be up to the customer and negotiated on each transaction if needed.

Proposed New Language: The Contractor (or its authorized finance partner) may extend leasing and financing to Using Agencies under this Contract. The terms and conditions of the capital lease or financing arrangement will be separately negotiated and set forth in an agreement between the purchaser and either Contractor or its designated and/or approved financing partner.

Section 5

General Contract Terms

Q: Original Text: The Contractor shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in its deliverables and other services.

Redline Text: Any errors, omissions, or other deficiencies in Contractor’s deliverables and other services shall be subject to the terms and conditions of Section 4.8 (Warranties) above.

Rationale: We respectfully request these changes because we cannot guarantee that we will be able to correct or revise all errors, omissions and/or deficiencies, rather any necessary repairs, whether hardware, software, or services required would be subject to the warranty terms of 4.8.

A: The State does not accept this proposed modification. Terms and conditions on

Section 5.1

Contract Term and Extension Option

Q: Rationale: Contractor would like the option to add a provision for Survivability of Orders under this contract. Adding language will enable clarity for all Purchasing Entities that multi-year deals are allowed under the contract. The benefit to State buyers is to have the economic cost advantage of entering into a multi-year agreement that will survive past the end of the contract. For example, if in year 4 of the contract an Agency wants to enter into a 3-year agreement, the 3-year agreement, when annualized, would be less expensive than entering into a 1-year agreement.

Proposed New Language: In the event the term of any order placed under this Contract extends past the termination or expiration of this Contract, the terms and conditions of this Contract shall remain in full force and effect as it applies to such order and will continue in effect for such order until the term of that order expires or the order is cancelled or terminated in accordance with the terms of this Contract.

A: The State does not accept this proposed modification. Terms and conditions on

Section 5.4

Ownership of Material State Data

Q: Original Text: State Data – The State owns State Data. Contractor shall not obtain any right, title, or interest in any State Data, or information derived from or based on State Data. State Data provided to Contractor shall be delivered or returned to the State of New Jersey upon thirty (30) days’ notice by the State or thirty (30) days after the expiration or termination of the Contract.

Redline Text: State Data – The State owns State Data. Contractor shall not obtain any right, title, or interest in any State Data. State Data provided to Contractor shall be available to the State of New Jersey until the expiration or termination of the applicable license.

Rationale: We respectfully request these changes because to enable our ability to improve and enhance our services for the State over time, we will require the use of certain systems information data derived from the State’s use of our services.

Further, to ensure the security of the State’s data we do not retain the data following the expiration or termination of the applicable license.

A: The State does not accept this proposed modification. Terms and conditions on

61 Section 5.4 Ownership of Material

Q: Rationale: We respectfully request this added provision to make the distinction between State Data and systems information data that will allow us to improve and enhance our services for the State over time. We will require the use of this type of data derived from the State’s use of our services for such purposes. This is the same added language we negotiated with the State under our present agreement for networking equipment.

Proposed New Language: Use of Telemetry Data and Statistical Data. Contractor may process Telemetry Data related to the State’s or Using Agency’s use of the Contractor’s products or services in order to: (i) deliver, enhance, improve, customize, support, and/or analyze the Software and other Contractor offerings, and

(ii) derive Statistical Data. Contractor may freely use Telemetry Data that does not identify the State, Using Agency, or Authorized Users (as defined in Contractor’s General Terms). Statistical Data is owned by Contractor and may be used for any legitimate interest or purpose, including, without limitation, for purposes of enhancing, developing, marketing, and/or promoting Contractor’s products and services, including the Software.

A: The State does not accept this proposed modification. Terms and conditions on

62 Section 5.4

Q: Original Text: Work Product; Services – The State owns all Deliverables developed for the State in the course of providing Services under the Contract, including but not limited to, all data, technical information, materials gathered, originated, developed, prepared, used or obtained in the performance of the Contract, including but not limited to all reports, surveys, plans, charts, literature, brochures, mailings, recordings (video and/or audio), pictures, drawings, analyses, graphic representations, print- outs, notes and memoranda, written procedures and documents, regardless of the state of completion, which are prepared for or are a result of the Services required under the Contract.

Redline Text: Deliverables; Services – The Contractor owns all Deliverables developed in the course of providing Services under the Contract, including but not limited to, all data, technical information, materials gathered, originated, developed, prepared, used or obtained in the performance of the Contract, including but not limited to all reports, surveys, plans, charts, literature, brochures, mailings, recordings (video and/or audio), pictures, drawings, analyses, graphic representations, print- outs, notes and memoranda, written procedures and documents, regardless of the state of completion, which are prepared for or are a result of the Services required under the Contract.

Rationale: We respectfully request these changes because we will not be delivering Work Product under this Contract, as a result we will retain ownership to any deliverables provided under this Contract.

A: The State does not accept this proposed modification. Terms and conditions on

Ownership of Material (Part 1 of 3)

Q: Original Text: Third Party Intellectual Property –…