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

S Proposal prices must be typed or written in ink. Any price change (including "white-outs") must be initialed. Failure to initial price changes shall preclude a contract award from being made to the bidder. 1.4.7 BID/PROPOSAL ERRORS In accordance with N.J.A.C. 17:12-2.11, “Bid Errors,” a bidder may withdraw its proposal as described below. A bidder may request that its proposal be withdrawn prior to proposal opening. Such request must be made, in writing, to the Supervisor of the Bid Review Unit. If the request is granted, the bidder may submit a revised proposal as long as the proposal is received prior to the announced date and time for proposal opening and at the place specified. If, after proposal opening but before contract award, a bidder discovers an error in its proposal, the bidder may make a written request to the Supervisor of the Bid Review Unit for authorization to withdraw its proposal from consideration for award. Evidence of the bidder’s good faith in making this request shall be used in making the determination. The factors that will be considered are that the mistake is so significant that to enforce the contract resulting from the proposal would be unconscionable; that the mistake relates to a material feature of the contract; that the mistake occurred notwithstanding the bidder’s exercise of reasonable care; and that the State will not be significantly prejudiced by granting the withdrawal of the proposal. After bid opening, while pursuant to the provisions of this section, the bidder may request to withdraw its 9

proposal. Permission to withdraw a bid is granted and approved at the discretion of the Director. The Division also may take notice of repeated or unusual requests to withdraw by a bidder and take those prior requests to withdraw into consideration when evaluating the bidder’s future bids or proposals. All proposal withdrawal requests must include the proposal identification number and the final proposal opening date and be sent to the following address: Department of the Treasury Purchase Bureau PO Box 230 33 West State Street – 9th Floor Trenton, New Jersey 08625-0230 Attention: Supervisor, Bid Review Unit If during a proposal evaluation process, an obvious pricing error made by a potential contract awardee is found, the Director shall issue written notice to the bidder. The bidder will have five (5) days after receipt of the notice to confirm its pricing. If the vendor fails to respond, its proposal shall be considered withdrawn, and no further consideration shall be given it. If it is discovered that there is an arithmetic disparity between the unit price and the total extended price, the unit price shall prevail. If there is any other ambiguity in the pricing other than a disparity between the unit price and extended price and the bidder’s intention is not readily discernible from other parts of the proposal, the Director may seek clarification from the bidder to ascertain the true intent of the proposal. 1.4.8 JOINT VENTURE If a joint venture is submitting a proposal, the agreement between the parties relating to such joint venture should be submitted with the joint venture’s proposal. Authorized signatories from each party comprising the joint venture must sign the proposal. A separate Ownership Disclosure Form, Disclosure of Investigations and Actions Involving Bidder form, and Affirmative Action Employee Information Report must be supplied for each party to a joint venture. NOTE: Each party comprising the joint venture must also possess a valid Business Registration Certificate (“BRC”) issued by the Department of Treasury, Division of Revenue prior to the award of a contract. Refer to Section 4.4.2.1 of this RFP. 1.4.9 RECIPROCITY FOR JURISDICTIONAL BIDDER PREFERENCE In accordance with N.J.S.A.

Department of Treasury, Division of Revenue prior to the award of a contract. Refer to Section 4.4.2.1 of this RFP. 1.4.9 RECIPROCITY FOR JURISDICTIONAL BIDDER PREFERENCE In accordance with N.J.S.A. 52:32-1.4 and N.J.A.C. 17:12-2.13, the State of New Jersey will invoke reciprocal action against an out-of-State bidder whose state or locality maintains a preference practice for its bidders. For states having preference laws, regulations, or practices, New Jersey will use the annual surveys compiled by the Council of State Governments, National Association of State Purchasing Officials, or the National Institute of Governmental Purchasing to invoke reciprocal actions. The State may obtain additional information as it deems appropriate to supplement the stated survey information. The bidder may submit information related to preference practices enacted for a local entity outside the State of New Jersey. This information may be submitted in writing as part of the proposal response, including name of the locality having the preference practice, as well as identification of the county and state, and should include a copy of the appropriate documentation, i.e., resolution, regulation, law, notice to bidder, etc. It is the responsibility of the bidder to provide documentation with the proposal or submit it to the Director, Division of Purchase and Property within five (5) working days of the public proposal opening. Written evidence for a specific 10

procurement that is not provided to the Director within five (5) working days of the public proposal opening will not be considered in the evaluation of that procurement, but will be retained and considered in the evaluation of subsequent procurements. 1.4.10 PROPOSAL ACCEPTANCES AND REJECTIONS The Director’s right to waive minor elements of non-compliance with bid specifications and N.J.A.C. 17:12-2.2 which defines causes for automatic bid rejection, apply to all proposals. In addition, pursuant to N.J.S.A. 52:34-12(a) and N.J.S.A. 52:18A-19 the Director retains the right to reject all bids if it is in the public interest. 2.0 DEFINITIONS 2.1 GENERAL DEFINITIONS The following definitions will be part of any contract awarded or order placed as result of this RFP. Addendum – Written clarification or revision to this RFP issued by the Division of Purchase and Property. All-Inclusive Hourly Rate – An hourly rate comprised of all direct and indirect costs including, but not limited to: overhead, fee or profit, clerical support, travel expenses, per diem, safety equipment, materials, supplies, managerial support and all documents, forms, and reproductions thereof. This rate also includes portal-to-portal expenses as well as per diem expenses such as food. Amendment – A change in the scope of work to be performed by the contractor. An amendment is not effective until it is signed by the Director, Division of Purchase and Property. Bidder – An individual or business entity submitting a proposal in response to this RFP. Contract – This RFP, any addendum to this RFP, and the bidder’s proposal submitted in response to this RFP, as accepted by the State. Contractor – The bidder awarded a contract resulting from this RFP. Director – Director, Division of Purchase and Property, Department of the Treasury. By statutory authority, the Director is the chief contracting officer for the State of New Jersey. Division – The Division of Purchase and Property Evaluation Committee – A committee established by the Director to review and evaluate proposals submitted in response to this RFP and to recommend a contract award to the Director. Firm Fixed Price – A price that is all-inclusive of direct cost and indirect costs, including, but not limited to, direct labor costs, overhead, fee or profit, clerical support, equipment, materials, supplies, managerial

price that is all-inclusive of direct cost and indirect costs, including, but not limited to, direct labor costs, overhead, fee or profit, clerical support, equipment, materials, supplies, managerial (administrative) support, all documents, reports, forms, travel, reproduction and any other costs. No additional fees or costs shall be paid by the State unless there is a change in the scope of work. Joint Venture – A business undertaking by two or more entities to share risk and responsibility for a specific project. May – Denotes that which is permissible, not mandatory. 11

Project – The undertaking or services that are the subject of this RFP. Request for Proposal (RFP) – This document which establishes the bidding and contract requirements and solicits proposals to meet the purchase needs of the using Agencies as identified herein. Shall or Must – Denotes that which is a mandatory requirement. Failure to meet a mandatory requirement will result in the rejection of a proposal as materially non-responsive. Should – Denotes that which is recommended, not mandatory. Small business – Pursuant to N.J.A.C. 17:13-1.2, “small business” means a business that meets the requirements and definitions of “small business” and has applied for and been approved by the New Jersey Division of Revenue, Small Business Unit as (i) independently owned and operated, (ii) incorporated or registered in and has its principal place of business in the State of New Jersey; (iii) has 100 or fewer full-time employees; and has gross revenues falling in one of the three following categories: (A) 0 to $500,000 (Category I); (B) $500,001 to $5,000,000 (Category II); and (C) $5,000,001 to $12,000,000, or the applicable federal revenue standards established at 13 CFR 121.201, whichever is higher (Category III). State – State of New Jersey. State Contract Manager – The individual responsible for the approval of all deliverables, i.e., tasks, sub-tasks or other work elements in the Scope of Work, as set forth in Sections 8.1, 8.1.1 and 8.1.2. Subtasks – Detailed activities that comprise the actual performance of a task. Subcontractor – An entity having an arrangement with a State contractor, where by the State contractor uses the products and/or services of that entity to fulfill some of its obligations under its State contract, while retaining full responsibility for the performance of all of its [the contractor's] obligations under the contract, including payment to the subcontractor. The subcontractor has no legal relationship with the State, only with the contractor. Task – A discrete unit of work to be performed. Using Agency[ies] – The entity[ies] for which the Division has issued this RFP and will enter into a contract. 2.2 CONTRACT-SPECIFIC DEFINITIONS Authorized Dealers – The manufacturer authorizes a dealer to use its contract number. Purchase Orders and Payments can be made directly to the authorized dealers. Automatic Location Identification

NS Authorized Dealers – The manufacturer authorizes a dealer to use its contract number. Purchase Orders and Payments can be made directly to the authorized dealers. Automatic Location Identification (ALI) – The database interface and retrieval capability providing the E911 system with current, specific employee or tenant location information to expedite emergency response times to the site of the emergency, not just to the building or office location. Automatic Number Identification (ANI) - The automatic display of the calling party's telephone number. Commission - The New Jersey State Public Safety Communications Commission established pursuant to N.J.A.C. 52:17C-2 which shall assist the Office of Emergency Telecommunication 12

Services in planning, design, and implementation of the statewide enhanced 9-1-1 telephone system and the New Jersey Interoperable Communications System. Computer Aided Dispatch (CAD) - A computer system designed to assist PSAP operators and dispatchers to increase the efficiency and accuracy of dispatching public safety services DHS – (U.S.) Department of Homeland Security FEMA – Federal Emergency Management Agency Market Basket - is an identified list of batteries for portable radios which will be made available after bid opening to be used for evaluation purpose. OEM – Original Equipment Manufacturer OIT – Office of Information Technology Public Safety Answering Point (PSAP) - The first point of reception of a 9-1-1 call. Public Safety Dispatch Point (PSDP) - The location that provides dispatch services for one or more public safety agencies. Remanufactured - Equipment, parts and/or systems that have been repaired and upgraded to the latest higher revision level. The remanufacturing process makes the equipment (used or new) into a finished product that is the latest release and ready for resale. Remanufactured is a term for the highest level of refurbished equipment. Severity Level 1– An equipment/service failure or malfunction that significantly impairs the using agency’s ability to communicate. A severity level 1 exists when a using agency is to a large extent out of service. Severity Level 2– An equipment/service failure or malfunction that prohibits a using agency from providing acceptable service. All or partial service is limited to a reduced capacity. This reduced capacity is said to exist when 25% or more of the facility is out of service. Severity Level 3– Equipment failure or malfunction that is not currently impairing a using agency’s ability to perform critical services. However, if additional failures or malfunctions occur prior to repair, the using agency will be operating at a reduced capacity. Severity Level 4 – Equipment failure not critical to the using agency and services can effectively continue until repairs are completed. Station Apparatus – Ancillary electronic and small hardware equipment installed on the customer premises. Subcontractors – A manufacturer or authorized dealer can utilize a sub-contractor to perform work under the contract. A sub-contractor cannot directly receive purchase orders or payments under a State

Subcontractors – A manufacturer or authorized dealer can utilize a sub-contractor to perform work under the contract. A sub-contractor cannot directly receive purchase orders or payments under a State contract. Systems - An organized assembly of equipment, personnel, procedures and other facilities designed to perform a specific function or set of functions as a particular End User's site or sites. Trunked - A system in which a number of radio channels are pooled together, and depending on demand, the frequencies are distributed according to traffic levels. Non – Trunked - A system which uses only one channel for communications. Update – Is a maintenance fix to enhance functionality and overcome glitches in current version of software. It is not a major release or version change. Upgrade - It is a new release of software that may impact functionality and cost. End Definitions Section 13

3.0 SCOPE OF WORK 3.1 GENERAL The type of equipment specified in this proposal is that equipment specifically required for use in the FCC designated private land mobile, general mobile and emergency services in all its classes of stations. While this description primarily covers VHF and UHF radio equipment, it is not intended to exclude other modes of operation or frequencies normally used by public service agencies such as Amateur Radio, Aviation Services, Microwave, Analog and Digital Trunking, Networking, Marine Services, Interconnect Systems, Interoperability Systems, Emergency Services etc. Additionally, this proposal also covers the telecommunications ancillary equipment answering services used in a PSAP and PSDP necessary for providing enhanced 9-1-1 services. Accordingly, interested bidders, i.e. prospective contractors, should respond to equipment categories which they are authorized to supply/sell, to and within the limits of their supply capability. 3.2 EQUIPMENT CATEGORIES 1. Installation, warranty, maintenance and repair for the following categories: Radio Base Station Control Equipment & Accessories: a. Including Analog and Digital, Trunked and Non-Trunked Radios; base station equipment and repeaters. b. Also includes: local control - DC/Tone, Local/Remote - DC/Tone, Remote DC/Tone modems, interconnect equipment and voice activated intercoms with radio interface. 2. Portable Radio Equipment & Accessories: a. To include Analog and Digital, Trunked and Non-Trunked Radios; Portable Radio Equipment and Personal Portables, all with Accessories and Options. b. Also includes: Remote and Receiving Pagers, including Lo-Band VHF, Hi-Band VHF, UHF, 800 and 900 MHZ, to be used in emergency services such as fire and first aid. c. This category does not include general-purpose pagers and messaging devices currently included within the State’s Wireless Devices and Services contract. 3. Mobile Radio Equipment & Accessories: a. To include Analog and Digital, Trunked and Non-Trunked Vehicular Radios all with Accessories and Options. 4. Aircraft AM & FM band