11-15 Exhibits to Resolution Awarding Contract for 911 System Maintenance and Repair.pdf

work and/or special projects without the Director’s written approval, it shall be at the contractor’s sole risk. The State shall be under no obligation to pay for work performed without the Director’s written approval. 5.17 MODIFICATIONS AND CHANGES TO THE STATE OF NJ STANDARD TERMS AND CONDITIONS 5.17.1 INDEMNIFICATION Section 4.1 of the State of NJ Standard Terms and Conditions, Rev: 10/21/2011 ST&C is deleted and replaced with the following: INDEMNIFICATION The contractor's liability to the State for actual, direct damages resulting from the contractor's performance or non-performance, or in any manner related to the contract, for any and all claims, shall be limited in the aggregate to 500 % of the value of the contract, except that such limitation of liability shall not apply to the following: 1. The contractor's obligation to indemnify the State of New Jersey and its employees from and against any claim, demand, loss, damage or expense relating to bodily injury or the death of any person or damage to real property or tangible personal property, incurred from the work or 54

materials supplied by the contractor under the contract caused by negligence or willful misconduct of the contractor; 2. The contractor's breach of its obligations of confidentiality; and, 3. Contractor's liability with respect to copyright indemnification. The contractor's indemnification obligation is not limited by but is in addition to the insurance obligations contained in Section 4.2 of the State of NJ Standard Terms and Conditions. The contractor shall not be liable for special, consequential, or incidental damages. 5.17.2 INSURANCE - PROFESSIONAL LIABILITY INSURANCE Section 4.2 of the State of NJ Standard Terms and Conditions, Rev: 10/21/2011 ST&C regarding insurance is modified with the addition of the following section regarding Professional Liability Insurance. f. Professional Liability Insurance: The contractor shall carry Errors and Omissions, Professional Liability Insurance and/or Professional Liability Malpractice Insurance sufficient to protect the contractor from any liability arising out the professional obligations performed pursuant to the requirements of the contract. The insurance shall be in the amount of not less than $5,000,000 and in such policy forms as shall be approved by the State. If the Contractor has claims-made coverage and subsequently changes carriers during the term of the contract, it shall obtain from its new Errors and Omissions, Professional Liability Insurance and/or Professional Malpractice Insurance carrier an endorsement for retroactive coverage. 5.18 CONTRACT ACTIVITY REPORT Contractor(s) must provide, on a calendar quarter basis, to the assigned Division representative, a record of all purchases made under the contract resulting from this RFP. This reporting requirement includes sales to State using agencies, political sub-divisions thereof and, if permitted under the terms of the contract, sales to counties, municipalities, school districts, volunteer fire departments, first aid squads and rescue squads, independent institutions of higher education, state and county colleges and quasi-state agencies. Quasi-state agencies include any agency, commission, board, authority or other such governmental

uads, independent institutions of higher education, state and county colleges and quasi-state agencies. Quasi-state agencies include any agency, commission, board, authority or other such governmental entity which is established and is allocated to a State department or any bi-state governmental entity of which the State of New Jersey is a member. This information must be provided in a tabular format such that an analysis can be made to determine the following: • Contractor’s total sales volume to each purchaser under the contract, subtotaled by product, including, if applicable, catalog number and description, price list with appropriate page reference and/or contract discount applied. • Total dollars paid to subcontractors. Submission of purchase orders, confirmations, and/or invoices do not fulfill this contract requirement for information. 55

Failure to report this mandated information may be a factor in future award decisions. Contractors must submit the required information in Microsoft Excel format. 5.19 ELECTRONIC PAYMENTS With the award of this contract, the successful vendor(s) will be required to receive their payment(s) electronically. In order to receive your payments via automatic deposit from the State of New Jersey, complete and return the “Credit Authorization Agreement for Automatic Deposits (ACH Credits)” Form with an original voided check or bank letter. The form must include ABA number (routing or transit number), bank account number and if the bank account is a checking or savings account. The form and instructions are located on the Office of Management & Budget’s website at: http://www.state.nj.us/treasury/omb/forms/index.shtml. The completed form along with the required voided check or bank letter should be mailed or faxed to: Department of the Treasury, Office of Management and Budget, PO Box 221, 6TH Floor – Room 674, Trenton, N.J. 08625-0221; fax: (609)-984-5210. To assist in identifying payments, the State offers vendors access to the Vendor Payment Inquiry web application (VPI) which offers check stub information online. Contact the State of New Jersey at AAIUNIT@treas.state.nj.us to request access to this application. 6.0 PROPOSAL EVALUATION 6.1 RIGHT TO WAIVE The Director reserves the right to waive minor irregularities. The Director also reserves the right to waive a mandatory requirement provided that: (1) the requirement is not mandated by law; (2) all of the otherwise responsive proposals failed to meet the mandatory requirement; and (3) in the sole discretion of the Director, the failure to comply with the mandatory requirement does not materially affect the procurement or the State's interests associated with the procurement. 6.2 DIRECTOR’S RIGHT OF FINAL PROPOSAL ACCEPTANCE The Director reserves the right to reject any or all proposals, or to award in whole or in part if deemed to be in the best interest of the State to do so. The Director shall have authority to award orders or contracts to the vendor or vendors best meeting all specifications and conditions in accordance with N.J.S.A. 52:34-12. Tie proposals will be awarded by the Director in accordance with N.J.A.C.17:12-2.10. 6.3 STATE'S RIGHT TO INSPECT BIDDER'S FACILITIES The State reserves the

ons in accordance with N.J.S.A. 52:34-12. Tie proposals will be awarded by the Director in accordance with N.J.A.C.17:12-2.10. 6.3 STATE'S RIGHT TO INSPECT BIDDER'S FACILITIES The State reserves the right to inspect the bidder's establishment before making an award, for the purposes of ascertaining whether the bidder has the necessary facilities for performing the contract. The State may also consult with clients of the bidder during the evaluation of bids. Such consultation is intended to assist the State in making a contract award which is most advantageous to the State. 56

6.4 STATE'S RIGHT TO REQUEST FURTHER INFORMATION The Director reserves the right to request all information which may assist him or her in making a contract award, including factors necessary to evaluate the bidder’s financial capabilities to perform the contract. Further, the Director reserves the right to request a bidder to explain, in detail, how the proposal price was determined. 6.5 PROPOSAL EVALUATION COMMITTEE Proposals may be evaluated by an Evaluation Committee composed of members of affected departments and agencies together with representative(s) from the Division. Representatives from other governmental agencies may also serve on the Evaluation Committee. On occasion, the Evaluation Committee may choose to make use of the expertise of outside consultant(s) in an advisory role. 6.6 ORAL PRESENTATION AND/OR CLARIFICATION OF PROPOSAL After the submission of proposals, unless requested by the State as noted below, vendor contact with the State is still not permitted. After the proposals are reviewed, one, some or all of the bidders may be asked to clarify certain aspects of their proposals. A request for clarification may be made in order to resolve minor ambiguities, irregularities, informalities or clerical errors. Clarifications cannot correct any deficiencies or material omissions or revise or modify a proposal, except to the extent that correction of apparent clerical mistakes results in a modification. The bidder may be required to give an oral presentation to the State concerning its proposal. Bidders may not attend the oral presentations of their competitors. It is within the State’s discretion whether to require the bidder to give an oral presentation or require the bidder to submit written responses to questions regarding its proposal. Action by the State in this regard should not be construed to imply acceptance or rejection of a proposal. The Division will be the sole point of contact regarding any request for an oral presentation or clarification. 6.7 EVALUATION CRITERIA The following evaluation criteria categories, not necessarily listed in order of significance, will be used to evaluate proposals received in response to this RFP. The evaluation criteria categories may be used to develop more detailed evaluation criteria to be used in the evaluation process: 6.7.1 TECHNICAL EVALUATION CRITERIA a. The bidder's general

RFP. The evaluation criteria categories may be used to develop more detailed evaluation criteria to be used in the evaluation process: 6.7.1 TECHNICAL EVALUATION CRITERIA a. The bidder's general approach and plans in meeting the requirements of this RFP. b. The bidder’s detailed approach and plans to mobilize its resources, provide equipment, perform services required under the Scope of Work of this RFP, anticipate and identify possible problems in executing these requirements and meet the ongoing needs of the State and its cooperative purchasing partners to complete the contract successfully. This judgment will include, but not be limited to: the number and qualifications of management, supervisory and other staff proposed by the bidder to complete the contract; availability and commitment to the contract from bidder’s management, supervisory and other staff 57

proposed and the bidder’s contract management plan, including the bidder’s contract organizational chart.. c. The bidder’s documented overall experience in successfully completing contracts of a similar size and scope to the work required by this RFP. d. The bidder’s documented technical product and service knowledge on contracts of similar size and scope to the work required by this RFP is emphasized e. The bidder’s ability to present each section of its proposal in a clear, concise manner, and overall quality of information and content provided in the bidder’s proposal. f. Batteries will be based on a market-basket of batteries of brand-name radios. The market basket items will be determined prior to the bid opening and made available for distribution at the bid opening. 6.7.2 BIDDER’S PRICE SCHEDULE Important Note: Bidders must complete the attached Bid Specific Forms and Excel® pricing schedule(s) for each Manufacturer Brand and Equipment Category proposed in response to this RFP. The Bidder must submit with its proposal all Bid Specific forms. Bidder’s are instructed to mark “NO BID” on any Bid Specific price schedule for any Equipment Category (ies) it does not propose to provide under this RFP. Bidders must submit with its bid the most current, dated, published Original Equipment Manufacturer's (“OEM”) price list in effect at the time of bid opening for each Manufacturers Brand proposed. If the Original Equipment Manufacturer (“OEM”) does not have a published price list, one must be created by the OEM for the State of New Jersey and identified as the "Official State of New Jersey Price List." All bidders must validate, and shall be held responsible for proposing to the State the most current OEM price list with its bid submission. Note: Bidders should, and shall be asked to identify and designate the OEM price list pages number(s) where each equipment category proposed can be found in the column titled “Bidder's Catalog Page for Priceline” on the Bid Specific Forms and Price Schedules Excel® pricing schedule pages accompanying this RFP. All discounts proposed must be based upon, and shall be evaluated against the OEM's price list as submitted by each bidder. All price lists and catalogs submitted for pricing purposes shall be in a machine readable and searchable format, and must contain

e evaluated against the OEM's price list as submitted by each bidder. All price lists and catalogs submitted for pricing purposes shall be in a machine readable and searchable format, and must contain a model number, description, and list price. Multiple discounts per price line will not be accepted under this RFP. Bidders are instructed to enter one (1) discount per priceline on the Excel® pricing schedule accompanying this RFP. However, quantity and category discounts are acceptable and encouraged. Bidders offering quantity and category discounts are instructed to enter a "net" priceline discount on the Excel® pricing schedule page(s) accompanying this RFP. The Bidder must clearly identify each category and corresponding quantity discount proposed on the Excel® price sheet. All discount(s) offered must be in compliance with each particular manufacturer and identified with the corresponding equipment category in the Excel® pricesheet accompanying this RFP. To clarify, Bidders must directly associate the OEM price list and any category or quantity discounts offered, with its corresponding category priceline on the Excel® pricing schedule accompanying this RFP. The State finds that some Manufacturer's price lists may have equipment, accessories and/or supplies listed or submitted with a Bidder’s proposal that are not within the intent of this contract. Those items must not be considered as available for sale to the State, discussed as contract 58

items with, or sold to any Using Agency. Only those products for which the State Purchase Bureau has received the applicable catalog and price list, and awarded a contract as a result of this RFP may be offered for purchase, or purchased by a Using Agency during the contract period. For price evaluation purposes only, bidders will be ranked according to the total discount percentage proposed for each Equipment Category. Discount pricing must be identified on the Excel® Price Sheet accompanying this RFP and must be based on, and will be evaluated against, the OEM's price list. The bidder offering the highest discount for a specific Equipment Category will receive an additional ten (10) points which will be applied solely to its pricing score. Only one bidder per Equipment Category will be ranked as offering the highest discount in a specific Equipment Category. 6.7.3 PROPOSAL DISCREPANCIES In evaluating proposals, discrepancies between words and figures will be resolved in favor of words. Discrepancies between unit prices and totals of unit prices will be resolved in favor of unit prices. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated total of multiplied unit prices and units of work and the actual total will be resolved in favor of the actual total. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum of the column of figures. 6.7.4 EVALUATION OF THE PROPOSALS After the Evaluation Committee completes its evaluation, it recommends to the Director for award the responsible bidder(s) whose proposal, conforming to this RFP, is most advantageous to the State, price and other factors considered. The Evaluation Committee considers and assesses technical criteria, price, and other factors during the evaluation process and makes a recommendation to the Director. The Director may accept, reject or modify the recommendation of the Evaluation Committee. Whether or not there has been a negotiation process as outlined in Section 6.8 below, the Director reserves the right to negotiate price reductions with the selected bidder. 6.8 NEGOTIATION AND BEST AND FINAL OFFER (BAFO) After evaluating proposals, the Division may enter into negotiations with one bidder or multiple bidders.