T3095 Bid Amendment 1 052419.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

May 24, 2019

To: All Interested Vendors {Bidders}

Re: Bid Solicitation # 19DPP00295 T3095 – Off-Site Media Storage, Handling, and Transportation

Quote Submission Due Date: July 16, 2019 (2:00 p.m. Eastern Time)

Bid Amendment #1

The following constitutes Bid Amendment #1 to the above referenced Bid Solicitation:

· This Bid Amendment includes answers to questions.

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 #19DPP00295 T3095 – Off-Site Media Storage, Handling, and Transportation

Answers to Questions

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

Section Reference Question (Bolded) and Answer

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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.

As stated in Bid Solicitation Section 1.3.1, Exceptions to The State of NJ Standard Terms and Conditions (SSTC): “Questions regarding the SSTC and proposed exceptions to mandatory requirements, including the Special and Standard Terms and Conditions in Section 5 and 9 of this Solicitation must be posed during this Question and Answer period and shall contain the Vendor's {Bidder's} suggested changes and the reason(s) for the suggested changes.” Additionally, as stated in Section 4.1, General: “Quotes including Vendor {Bidder} proposed terms and conditions may be accepted, but Vendor {Bidder} proposed terms or conditions that conflict with those contained in the Bid Solicitation as defined in Section 2.0 of this Bid Solicitation, or diminish the State's rights under any Blanket P.O. resulting from the Bid Solicitation, may render a Quote non-responsive.”

Data Confidentiality

Please insert the following bracketed language at the beginning of the second paragraph:

{Subject to the Limitation of Liabilities set forth in Section 4.3 of the State of New Jersey Standard Terms and Conditions, and as modified in Section 5.17 of this Request for Proposal, the}

The State does not accept the proposed modification.

Data Security Standards

Insert the bracketed language in the DATA BREACH paragraph.

Data Breach: Unauthorized Release Notification: The Vendor {Contractor} must comply with all applicable State and Federal laws that require the notification of individuals in the event of unauthorized release of personally identifiable information or other event requiring notification. In the event of a breach of any of the Vendor’s {Contractor’s} security obligations or other event requiring notification under applicable law ("Notification Event"), the Vendor {Contractor} must assume responsibility for informing the State Contract Manager within 24 hours and all such individuals in accordance with applicable law and, {subject to the Limitation of Liabilities set forth in Section 4.3 of the State of New Jersey Standard Terms and Conditions, and as modified in Section 5.17 of this Bid Solicitation}, to indemnify, hold harmless and defend the State of New Jersey, its officials, and employees from and against any claims, damages, or other harm related to such Notification Event. All communications must be coordinated with the State of New Jersey.

Indemnification Insert bracketed language in the beginning of the second paragraph

{Subject to the Limitation of Liabilities set forth in Section 4.3}, the Vendor’s {Contractor’s} liability to the State and its employees in third party suits shall be as follows:

Indemnification Limitation Of Liabilities Please delete section 4.1.1 Limitation of Liability, and the following new paragraph 4.3 in its place

{a. Contractor’s liability for any loss or damage resulting solely from Contractor’s acts or omissions, without contributing cause from the acts or omissions of The State of New Jersey or its agents, employees or contractors shall be the replacement cost of the medium and container damaged or destroyed and, subject to the limitations set forth herein, the regeneration of the data on the storage medium and notification of any customers of The State of New Jersey who may be affected by the lost medium, if notification by The State of New Jersey is required by law. Notwithstanding the foregoing however, Contractor’s maximum liability shall be the replacement of the medium or container with material of like quality; liability for regeneration of the data and notification of the customers shall never exceed $750,000 during the life of the contract, irrespective of the number of losses. Notwithstanding the foregoing, however, Contractor’s liability for death or bodily injury shall not be subject to this limitation.}

The State does not accept this proposed modification.

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