T2560 QA R2 12.11.2023.docx

DOCX document 76 KB Posted

Attached to
T2560 - Self Funded E-Government Applications and Services
Solicitation number
23DPP00813
Issued by
Mercer County, New Jersey

About this file

This document is a Bid Amendment #4 issued by the New Jersey Department of the Treasury Division of Purchase and Property Procurement Bureau for Bid Solicitation #23DPP00813 for Self-Funded E-Government Applications and Services. The amendment provides answers to questions submitted during the second electronic Q&A period and includes additions, deletions, clarifications, and modifications to the original bid solicitation. Key changes include revisions to Sections 5.3 (Ownership of Material) and 9 (Glossary), as well as clarification on the limitation of liability provision in Section 7.2.3. The current quote submission due date is January 24, 2023 at 2:00 p.m. Eastern Time.

The contract opportunity is open to jurisdictions within the State of New Jersey, specifically Mercer County and Trenton City. The contract will provide self-funded e-government applications and services. Pricing terms, set-asides, and funding sources are not explicitly detailed in the amendment, but bidders are advised to review the revised bid solicitation for the most up-to-date information.

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Text version

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 11, 2023

To: All Interested Bidders

Re: Bid Solicitation # 23DPP00813 Bid Solicitation Self-Funded E-Government Applications and Services

Current Quote Submission Due Date: January 24, 2023 (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 second electronic Question and Answer period; and Additions, deletions, clarifications, and modifications were made to the Bid Solicitation; please refer to the Revised Bid Solicitation entitled “T2560 Revised Bid Solicitation 12/11/2023

· Section 5.3, Ownership of Material

· Section 9, Glossary; and

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 #23DPP00813 Bid Solicitation Self-Funded E-Government Applications and Services

Answers to Questions

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

Note: Some questions may have been paraphrased in the interest of readability and clarity.

#
Bid Solicitation

Section Reference Question (Bolded) and Answer

64
Section 5.3 Ownership of Material
The new definition of a Vendor Intellectual Property expressly includes materials developed by the Contractor outside of the contract but used in the contract. Vendor acknowledges the States right to use of Vendor Intellectual Property consistent with and during the term of the contract, however, because the new definition may include Electronic Services (such as the Vendors proprietary payment processing software) to which the State will not receive a perpetual license after the term, Vendor requests the state modify this section as below to clarify the perpetual license is limited to the defined Portal Software consistent with the rights included in the License Grant upon Termination for Cause or Expiration. Vendor Requests change to Third Sentence of this section as follows: The necessary license rights to continue use in the Portal and to be allowed to modify the Portal Software shall be granted upon the completion of the full term of the contract, or upon the termination of the contract as a result of default by the contractor.

Yes, please see revised Bid Solicitation Section 5.3, dated, 12/11/2023. Sections 5.3 B and D have been revised.

65
Section 7.2.3 Limitation of Liability
The State accepted the limitation of 300% requested in line 46 of the Q&A but included $500k or 500% in the proposed redlines. Can this be adjusted to the greater of $300k or 300% to be more aligned with the state's response?

The State response in line 46 of the Answers to Questions section of Bid Amendment #3 should have stated that the requested revision was not accepted as proposed, but was written. The State revised the Bid Solicitation in accordance with its needs, and did not accept the terms precisely as proposed. The applicable limitation of liability shall be as stated in Revised Bid Solicitation Section 7.2.3 dated 12/11/2023.

66
Section 9 Glossary
The modified definition of a Vendor Intellectual Property includes an incomplete sentence at the end of the definition: To the extent Contractor develops materials other than Software under this contract which are used in the Portal, Contractor Vendor requests the deletion or clarification of this last phrase.

The incomplete sentence has been deleted from the Bid Solicitation. Please see revised Bid Solicitation Section 9 Glossary definition for Vendor Intellectual Property.

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