T1841 GIS Q and A Bid Amendment 4 10 12 18~1.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

State Treasurer

SHEILA Y. OLIVER

Lt. Governor

MAURICE A. GRIFFIN

Acting Director https://www.njstart.gov

October 12, 2018

To: All Interested Vendors {Bidders}

Re: Bid Solicitation # 18DPP00276 T1841 Geographic Information Systems Services

Revised Quote Submission Due Date: October 31, 2018 (2:00 p.m. Eastern Time)

Bid Amendment #4

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

· This Bid Amendment includes answers to questions;

· Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation entitled “Revised Bid Solicitation T1841 GIS 101218”.

It is the sole responsibility of the Vendor {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 #18DPP00276 Geographic Information Systems Services

Answers to Questions

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

Section Reference Question (Bolded) and Answer

It is recommended that users utilize Internet Explorer to view PDF documents. 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 alternate option is to disable the built in PDF viewers in Chrome and Firefox.

Yes. Prior to the Quote Opening Deadline, a Vendor {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 Vendor {Bidder} fails to attach a required form or attaches a blank form. To review a submitted a Quote a Vendor {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.

The State intends to extend the Blanket P.O.s awarded to the Division's Cooperative Purchasing Program participants. These participants include quasi-State entities, counties, municipalities, school districts, volunteer fire departments, first aid squads, independent institutions of higher learning, County colleges, and State colleges. Please refer to Section 1.1 of the Revised Bid Solicitation.

The State will post a Bid Amendment with the responses for the electronic question and answer period on NJSTART along with a Revised Bid Solicitation if it has been modified.

Vendors {Bidders} must submit a Quote electronically through NJSTART.

There are three (3) GIS service categories. Section 3.1 is an enumeration of those three (3) service categories described in Sections 3.2 (GIS planning services), 3.3 (Spatial data development and maintenance services), and 3.4 (GIS application development and implementation services. Section 3.5 is for the Security Plan which is expected to cover all services being offered.

The Bid Solicitation does not anticipate what software will be required for any particular project. Those will be agency decisions on a project by project basis.

The draft security plan is required for all Vendor {Bidder} Quote submissions pursuant to Section 4.4.3.3.4 of the Bid Solicitation.

The Small Business Enterprise goal for this Bid Solicitation is for two (2) awards to a Small Business Enterprise out of the possible five (5) Blanket P.O.s to be awarded.

This is a partial set-aside. The intent of this Bid Solicitation is to award Master Blanket P.O.s {Contracts} to a maximum of five (5) bidders, of which two (2) should be Small Business Enterprises. This is not a requirement for subcontracting. Please see the answer to Question #9.

Vendors {Bidders} should cite contracts that are completed. If a development contract also has a maintenance component (open-ended or not) and the development phase has been completed in full, then it is permissible to cite the contract as completed.

No. The requirement for three (3) references from state government agencies within the U.S. cannot be fulfilled by any other level of government agency including federal. Please see the Revised Bid Solicitation dated 10/12/18. Section 4.4.4.5.1 has been revised.

A maximum of ten (10) references are requested. Three (3) of those references should be from state government agencies within the U.S. The remainder of references are not specific. Please see the Revised Bid Solicitation dated 10/12/18. Section 4.4.4.5.1 has been revised.

The requirements set forth in Section 3.3 will be the same requirements in Section 4.4.4.5.2. Please see to the Revised Bid Solicitation dated 10/12/18. Section 4.4.4.5.2 has been revised.

No. The requirement for three (3) references from state government agencies within the U.S. cannot be fulfilled by any other level of government agency including federal. See response to Question #12.

No. The requirement for three (3) references from state government agencies within the U.S. cannot be fulfilled by any other level of government agency including federal. See Response to Questions #s 12 and 15. Please see the Revised Bid Solicitation dated 10/12/18. Section 4.4.4.5.3 has been revised.

No. Vendors {Bidders} are not required to bid on more than one (1) category. Please refer to the Revised Bid Solicitation date 10/12/18. Section 1.1 and Sections 4.4.5.2 and 4.4.5.3 have been amended.

No. Vendors {Bidders} may bid on one (1), two (2), or all categories. Please see the answer to Question #17.

See Section 5.8(C). Since this procurement is for Vendors {Contractors} to be available for certain anticipated but currently unspecified projects in the future, subject to the requirements of each specific project, the State may or may not require ownership of the software deliverable. By way of background and generally speaking, if a particular solution calls for a COTS or Customized COTS product, the State may accept rights less than full ownership. However, if the solution to a given engagement requires fully Custom software, it will be treated as a work-for-hire, and the State will seek to retain ownership in the final product. Please refer to the Revised Bid Solicitation date 10/12/18. Section 5.8 has been amended.

It is not currently known what data or types of data may be used by or provided to the Vendor {Contractor} for any particular engagement. To the extent the listed standards apply to that data, or if there are other standards not listed that apply to specific data that is used by or provided to the Vendor {Contractor}, then those standards as applicable shall be adhered to by the Vendor {Contractor}.

The Vendor/Contractor is required to remove and delete all State Data at the close of the Blanket P.O., except that it shall keep one secure copy of all information in a readable and readily accessible format for the time period required under Section 9.5.15 of the State Standard Terms and Conditions.

It is not known at this time if tax-related data may be used by or provided to the Vendor {Contractor The section is only applicable if such tax data is provided to the Vendor {Contractor}.

It is not currently known what data or types of data may be used by or provided to the Vendor {Contractor} for any particular engagement. To the extent the listed standards apply to that data, or if there are other standards not listed that apply to specific data that is used by or provided to the Vendor {Contractor}, then those standards as applicable shall be adhered to by the Vendor {Contractor}.

A. Logging/Auditing controls relate to any changes made before final acceptance by the agency. B. Yes. C. The “online” system for retention of audit records will be based upon the requirements of each specific agency by the SCM and Vendor {Contractor}. D. The change control system will be specified by the agency in the mini bid solicitation or during the development phase of a project. Please see answer to Question #20.

Section 5.16 has been removed from the Bid Solicitation. Please see the Revised Bid Solicitation dated 10/12/2018.

Proposed Modified Section 9.4.1.A:

A. Indemnification for Third Party Claims - The contractor shall assume all risk of and responsibility for, and agrees to indemnify, defend, and save harmless the State of New Jersey and its employees from and against any and all claims, demands, suits, actions, recoveries, judgments and costs and expenses in connection therewith which shall arise from or result directly or indirectly from the negligence or willful misconduct of the contractor in providing work and/or materials supplied under this contract, including liability of any nature or kind for or on account of the use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of this contract (provided that contractor will have no responsibility for liability which is (i) as the result of the State of New Jersey’s or its employees’ use of contractor-provided materials other than as contemplated by the Bid Solicitation, (ii) as the result of the State of New Jersey’s or a third party’s modification of the contractor-provided materials, or (iii) as the result of the combination of the contractor-provided materials with any other hardware or software not authorized by the contractor for such use in writing;

Rationale:

Contractor would like to tie its indemnification obligations to actual bad acts performed or alleged by Contractor or its personnel, and further to clarify that it is not responsible for any claims of infringement as a result of misuse or unauthorized modifications of its deliverables.

Please refer to the Revised Bid Solicitation dated 10/12/18. Section 5.17.1 has been added.

2. Where in the reasonable opinion of the Director, a contractor continues to perform a contract poorly as demonstrated by e.g., formal complaints, late delivery, poor performance of service, short-shipping, so that the Director is required to use the complaints procedure in N.J.A.C. 17:12-4.2 et seq., and there has been a failure on the part of the contractor to make progress towards ameliorating the issue(s) or problem(s) set forth in the complaint, the Director may terminate the contract, in whole or in part, upon thirty (30) ten (10) days’ notice to the contractor with an opportunity to respond.

Rationale:

Contractor would like to specifically have a period to cure, and further suggests that 30 days would be a more reasonable cure period; some concerns may be curable in 30 days but not in 10.

Please refer to the Revised Bid Solicitation dated 10/12/18. Section 9.5.7(B) has been amended to reflect some of the requested changes.

I. The warranty period for any software delivered will be 90 days.

Rationale:

Software is known to from time to time have minor bugs which will be corrected during the warranty period but which should not impede acceptance or completion. Further, Contractor would like to request a specific warranty period.

Please refer to the Revised Bid Solicitation dated 10/12/18. Section 5.17.2 has been added.

Rationale:

This proposed section permits Contractor to use work from employees of its sister companies or individuals who are engaged under a 1099 agreement or through a staffing firm without requiring specific authorization on a person by person basis.

The State declines to accept this proposed modification. Changes in staffing for subcontracting are still subject to requirements in Section 9.5.8.

Rationale:

This proposed section permits Contractor to contract with third party specialists, such as graphic designers or security consultants, during the normal course of Contractor’s software development without requiring specific authorization by the State.

The State declines to accept this proposed modification. Changes in staffing for subcontracting are still subject to requirements in Section 9.5.8.

10.21A FORCE MAJEURE AND DELAY:

(a) Neither party shall be considered in default in the performance of the obligations hereunder, except with respect to payment of monies hereunder, if such performance is prevented or delayed because of unavailability of labor, war, hostilities, revolution, civil commotion, acts of terrorism, strike, epidemic, accident, fire, wind, flood; or because of any act of God; or for any cause, whether similar or dissimilar, now or hereafter existing, beyond the reasonable control of the party affected. The party suffering a delay in its performance caused by an above described occurrence shall give notice thereof to the other party as soon as reasonably possible thereafter, and shall use reasonable efforts to overcome such delay. In the event of such an occurrence, the parties shall consult to determine how to overcome the effect on the services and deliverables and shall mutually agree to any equitable adjustment to the compensation due consultant hereunder.

(b) the contractor shall not be liable for any failure to perform any of its obligations hereunder due to or caused by, in whole or in part, the State’s delay in reviewing and accepting or rejecting any deliverables or providing information requested by the contractor as contemplated by the contract. In the event of any such delay by the State, the State agrees to approve and sign a change order reflecting any reasonable additional costs incurred by the contractor as a result of such delay.

Rationale:

Contractor should not be responsible for acts of nature or otherwise outside its control. Further, if the State delays in approving, for example, detailed requirements documents, Contractor will be unable to continue with the project through no fault of its own.

Please refer to the Revised Bid Solicitation dated 10/12/18. Section 9.6.7 has been added to reflect some of the requested changes.

The State does not accept this proposed modification.

While it is unknown exactly which projects, if any, will be entered into as a result of this Bid Solicitation, it is anticipated that federal funds may be used for some of the projects under this Bid Solicitation.

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