NOTICE OF AWARD
FOR
RADIO COMMUNICATION EQUIPMENT & ACCESSORIES
T-0109
This Notice of Award details all of the product lines and
specifications for Radio Communication under contract
with the State of New Jersey.
All of the vendors' bids are on file at the Purchase Bureau (33 West
State Street, Trenton) and Office of Information Technology (200
Riverview, Trenton).
Addenda - There will be additions, deletions and changes to vendors
and product information during the term of the contract. The Purchase
Bureau will be issuing addenda with this information.
Note: Please file the Addenda with your Notice of Award. The addenda
are just as important as the Notice of Award.
Warranty - All the hardware and software products under this contract
carry a one-year warranty. The warranty covers parts, service,
transportation and/all associated costs for on-site warranty work.
Method of Operation
During the term of this contract, Contractors are required to provide
a written quote to any Using Agency contemplating the purchase of
radio equipment. Along with the quotation, the Contractor must
provide a photocopy of the Page(s) from the original proposal
submission showing in detail the prices for all items being considered
for purchase. If an item was added onto the contract after the
initial award of contract, the Contractor must provide the Using
Agency with the Letter of Authorization from the Purchase Bureau
approving the addition of that item.
A. State Agencies
1. To obligate funds use a contract release order.
2. Agencies may not order any Radio Communication systems on this
contract directly without the Office of Information Technology
(OIT) approval. Orders in excess of $25,000 must be
supported by a justification. The order must be sent to:
Office of Information Technology
200 Riverview
P O Box 216
Trenton, NJ 08625
OIT reserves the right to approve or disapprove the equipment
that is requested by the State agency, or to change, the make,
model and manufacturer of the equipment or the system
configuration.
B. Local Government
Governmental bodies eligible to select equipment off of this
contract may contact the various contractors for system
information and quotes. Quotes from contractors must be in strict
accordance with the contract. Prices may be verified by the
Purchase Bureau or OIT. Discounts from manufacturer's product
lines and labor rates are included in the Notice of Award.
All orders are to be sent to the vendor directly, indicating State
contract number. Invoices are to be sent to the local body. The
State assumes no obligation for payment of bills.
Local bodies are cautioned not to demand any unique or special
service not covered by contract and to make payment in specified
time.
C. The labor portion of this contract is restricted to the
installation of the equipment purchased from the awarded vendor
and/or maintenance of equipment.
Brand and Vendor Index for Radio Communication Equipment
Brand Vendor
Analog, Trunked
E. F. Johnson TekTron
M/A Com M/A Com
Midland TekTron
Motorola Motorola
Motorola Radius Warner
TekTron TekTron
Vertex Vertex
Analog, Non-Trunked
E.F. Johnson Tektron
Kenwood Kenwood
M/A Com M/A Com
Motorola Radius Warner
Midland Jan Communications
Ritron Patriot Jan Communications
Vertex Vertex
Digital, Trunked
M/A Com M/A Com
Motorola Motorola
TekTron TekTron
Digital, Non-trunkejd
Amp M/A Com
M/A Com M/A Com
Motorola Motorola
Radio Equipment - Pagers
Motorola Motorola
Radio Base Station Control Equipment
CPI Atlantic Communications
M/A Com M/A Com
Midland Jan Communications
Motorola Motorola
Motorola Radius Warner
MPS MPS
Telex-Vega Telex
TekTron TekTron
Vertex Vertex
Zetron Zetron
Marine Band
Vertex Vertex
Aviation Band
Icom Jan Communication
Amateur
Cobra Interstate Electronics
Uniden Interstate Electronics
Antennas
Antennex Quality Communications
Comtelco Jan Communications
M/A Com M/A Com
Microwave Equipment
Motorola Motorola
Harris R. F. Design
Pemisys IMACS R. F. Design
Spectracom Frequency & Timing R. F. Design
Spare Parts
Kenwood Kenwood
M/A Com M/A Com
Midland Jan Communications
Ritron Patriot Jan Communications
Telex Telex
Vertex Vertex
Fire Paging System
M/A Com M/A Com
Motorola Motorola
Test Equipment
M/A Com M/A Com
Consoles
M/A Com M/A Com
Motorola Motorola
Telex-Vega Telex
Zetron MPS Communications
Batteries:
Primary Vendor: Motorola
Secondary vendor: Garden State Battery
Using Agencies should use the primary and secondary vendors for
replacement batteries.
Awards for batteries and charges are made to a primary and secondary
contractor. During the term of the contract, Using Agencies are to
utilize the primary contractor. If the primary contractor is unable
to perform the work required, the Using Agency shall then utilize the
secondary contractor. When utilizing the secondary contractor, Using
Agencies must document their files as to the reason why the primary
contractor was not utilized
Several manufacturers have authorized dealers to use their contract
number to sell their equipment. Purchase Orders and payments may be
made directly to these dealers. Prices are those submitted by the
manufacturer in their proposal. These manufacturers are as follows:
Kenwood Communications corp.
M/A Com Private Radio Systems
Telex Communications Inc.
Vertex Standard USA Inc.
Zetron Inc.
The list of the dealers are listed elsewhere in this Notice of Award.
Labor Rates should be used only to install, remove, reinstall and
maintain the equipment purchased under this contract. Vendors should
not be installing mobile video equipment, mobile rooftop light bars,
mobile concealed lights, etc.
1.0 GENERAL REQUIREMENTS
1.1 PURPOSE AND INTENT
The purpose of this Notice of Award is for the purchase of
additions to and maintenance of existing radio communication
equipment and systems. While additional sites can be added to
pre-existing systems, new systems cannot be procured utilizing
this Notice of Award. New systems must be procured separately.
The labor portion of this Notice of Award is restricted to the
installation or additions to and maintenance of existing radio
communication equipment and systems.
Any form documents, i.e. Purchase Agreements, Maintenance
Agreements etc. submitted by vendors to Using Agencies are not to
be accepted.
1.2 BONDING REQUIREMENTS
Neither a bid deposit nor performance security is required for
this contract. Failure to hold price(s) for the contract period
or to perform during the contract shall result in appropriate
administrative actions being taken by the State.
1.3 INSURANCE REQUIREMENTS
Contractors must secure and maintain in force for the term of the
contract insurance as provided in the Supplement to Standard
Terms and Conditions for Categories 1 through 12.
Contractors must secure and maintain in force for the term of the
contract insurance as provided in the Standard Terms and
Conditions for Categories 13 through 16.
1.4 COMPLIANCE WITH PUBLIC WORKS CONTRACTOR REGISTRATION ACT
Contractors must be in compliance with the Public Works
Contractor Registration Act. Under the Act, no
contractor/subcontractor will be permitted to engage in a
contract for public work unless that contractor/subcontractor is
registered with the New Jersey Department of Labor. The Act
provides that upon registration with the Department of Labor, a
public works contractor/subcontractor will be issued a
certificate by the Department indicating compliance with the
Act's requirements.
Labor rates must be in accordance with the Prevailing Wage Act.
The Prevailing Wage Rates by county may be obtained at the
following web site:
http://www.state.nj.us/labor/wps/wh/division/contract/prevail/wag
erate.htm
1.5 DISCLOSURE OF BID PROPOSAL
All proposals and supporting materials as well as correspondence
relating to the RFP become the property of the State upon
receipt.
The entire contents of every bid response proposal that is
publicly opened and read becomes a public record notwithstanding
any disclaimer by the Bidder in the bid response proposal
document.
All bid response proposals, being public records, are available
for public review and inspection. Persons who wish to review bid
response proposals must make an appointment with the Purchase
Bureau. Inspection is subject to the rules of the Purchase
Bureau.
1.6 CONTRACT ACTIVITY REPORT
In conjunction with the standard record keeping requirements of
this contract, as listed in paragraph 3.19 of this RFP'S standard
terms and conditions, contractor(s) must provide, on a calendar
basis, to the Purchase Bureau buyer assigned, a record of
all purchases made under their contract award excluding service.
This includes purchases made by all using agencies including the
State and political sub-divisions thereof.
This reporting requirement includes sales to State using agencies
and, if permitted under the terms of the contract, sales to
counties, municipalities, school districts, volunteer fire
departments, first aid squads and rescue squads, and independent
institutions of higher education. The requirement also includes
sales to 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 an
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 under contract, subtotaled by
product.
-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
Submission of purchase orders, confirmations, and/or invoices do
not fulfill this contract requirement for information.
Contractors are strongly encouraged to submit the required
information in electronic spreadsheet format. The Purchase
Bureau uses Microsoft Excel.
Failure to report this mandated information will be a factor in
future award decisions.
1.7 DEMONSTRATIONS
Radio Communication equipment being offered must be capable of
being demonstrated. Prototypes will not be acceptable. All
equipment proposed must be operational at a customer location.
Such demonstrations, if so requested, will be held at the
convenience of the State in an operational site within a 100 mile
radius of Trenton, NJ.
1.8 ADDITIONAL COSTS
All prices and hourly rates bid are required to be all-inclusive.
Additional charges for indirect costs, fees, commissions, travel,
subsistence, report preparation, administrative tasks,
administrative and clerical support, overhead, etc. are not to be
billed and will not be paid. Such costs are recoverable only if
included within the prices and hourly rates bid.
2.0 DEFINITIONS
1. Addenda - Are written or graphic instruments issued by the
Purchase Bureau which modify or interpret the RFP by
additions, deletions, clarifications, or corrections.
2. Bidder - A person, partnership, firm, corporation or joint
venture submitting a bid proposal in response to the RFP for
the purpose of obtaining a State contract.
3. Contract - This RFP, any addendum to this RFP, and the
bidder's proposal submitted in response to this RFP, as
accepted by the State
4. Contractor - The Contractor is the bidder who has been
awarded the Contract or purchase order resulting from the
State's RFP to provide the goods or services specified in the
RFP. The bidder becomes the Contractor after the date of
final contract award.
5. Director - Director, Division of Purchase and Property,
Department of the Treasury. By statutory authority, the
contracting officer for the State of New Jersey.
6. Division - The Division of Purchase and Property.
7. Formal Date of Award - Effective date of contract.
8. Market Basket - is an identified list of batteries which are
included in the RFP.
9. May - Denotes that which is permissible, but not mandatory.
10. OIT - Office of Information Technology
11. Refurbished - A term used in the secondary telecom equipment
business. Refurbishing means the equipment has been cleaned,
polished, resurfaced and whatever else it takes to return the
equipment to a "like-new" appearance. Refurbishing usually
means it has been completely tested and is ready for
installation.
12. 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.
13. Request for Proposal (RFP) - This document which establishes
the bidding and contract requirements and solicits proposals
to meet the purchase needs of the State as identified herein.
14. Shall or Must - Denotes that which is a mandatory
requirement. Failure to meet a mandatory requirement will
result in the rejection of a bid proposal, as materially
non-responsive.
15. Should - Denotes that which is recommended, but not
mandatory.
16. State - State of New Jersey
17. Systems - An organized assembly of equipment, personnel,
procedures and other facilities designed to perform a
specific function or set of functions at a particular End
User's site or sites.
18. Station apparatus - ancillary electronic and small hardware
equipment installed on the customer premises.
19. Update - A maintenance fix to enhance functionality and
overcome glitches in current version of software. It is not
a major release or version change.
20. Upgrade - It is a new release of software which may impact
functionality and cost.
21. Using Agency or Agency - The entity for which the Division
has issued this RFP and will enter into a contract.
3.0 CONTRACTUAL TERMS AND CONDITIONS
3.1 CONTRACT PERIOD
Contract(s) are for a one year period commencing with the date of
formal award with a permitted one year contract extension at the
option of the State with the consent of the contractor.
Contract extensions shall be at the option of the State with the
concurrence of the contractor. The State shall notify the
contractor of its intent to extend ninety days prior to
expiration date of the initial contract period or, if applicable,
the expiration date of the initial one-year extension.
3.2 CONTRACT TRANSITIONAL PERIOD
In the event that a contractor(s) is not selected prior to the
contract expiration date as may be extended, or the date of
termination of the contract by the State of New Jersey, it shall
be incumbent upon the contractor(s) to continue the service under
the same terms and conditions until new contracts can be
completely operational.
At no time shall this service extend more than ninety (90) days
beyond the original expiration date of the existing contract as
may be extended.
3.3 PRICE
3.3.1 All prices shall include all transportation charges to all
NJ Using Agencies and be firm and not subject to increase
during the period of the contract. Escalation clauses
shall not be accepted.
3.3.2 All discounts from price list shall be firm for the period
of the contract.
3.3.3 In the event of manufacturer's price decrease during the
contract period, the State shall receive the full benefit
of such price reduction on any undelivered purchase order
and on any subsequent order placed during the contract
period. The Director of the Division of Purchase and
Property must be notified in writing of any reduction
within five (5) days of the effective date.
3.4 PROCEDURAL REQUIREMENTS AND AMENDMENTS
3.4.1 Contractor(s) shall comply with procedural instructions
that may be issued from time to time by the Director of
the Division of Purchase and Property.
3.4.2 During the period of contract, no change is permitted in
any of its conditions and specifications, unless the
Contractor receives written approval from the Director of
the Division of Purchase and Property.
3.4.3 The State reserves the right to bid individual
requirements separate from any contracts awarded when
deemed in its best interest.
3.4.4 If the State chooses, after acceptance and prior to
installation, to return equipment, it may do so at no
additional cost or expense.
3.4.5 The bidder must be an OEM or a direct authorized
dealer/distributor of the manufacturer of the products
which it proposes to furnish. The State reserves the
right to request the bidder's status at any time. Failure
to provide the required certification may result in bid
rejection or contract cancellation. Certifications may be
requested for major components only, not miscellaneous
hardware.
3.4.6 All of the Contractor's personnel must observe all
regulations in effect at the Using Agency. While on State
property employees shall be subject to control of the
State, but under no circumstance shall such persons be
deemed employees of the State. The Contractor's personnel
shall not represent themselves as employees of the State.
The Director of Purchase and Property may request the
contractor to transfer employees from the work crew with
respect to whom reasonable suspicion exists that they are
incompetent, prone to excessive tardiness, absenteeism or
theft.
3.4.7 The Contractor shall assume all responsibility for its
actions and the actions of anyone working for the
contractor while engaged in any activity connected with
this contract.
3.5 AVAILABILITY OF FUNDS
The State's obligation to pay the Contractor is contingent upon
the availability of appropriated funds from which payment for
contract purposes can be made. No legal liability on the part of
the State for payment of any money shall arise unless funds are
made available each fiscal year to the Using Agency by the
Legislature.
3.6 CONTRACT AMENDMENT
Any changes or modifications to the terms of the contract shall
only be valid when they have been reduced to writing and executed
by the Contractor and the Director.
3.7 CATEGORIES
The equipment and services to be acquired are for the purchase,
installation, warranty, maintenance and repair for the following
Radio Communication Equipment: (Accessories may include
batteries)
1. Analog, Trunked - To include base station equipment,
repeaters, vehicular ratio equipment, portable radio
equipment and personal portables, all with accessories and
options.
2. Analog, Non-Trunked - To include base station equipment,
repeaters, vehicular ratio equipment, portable radio
equipment and personal portables, all with accessories and
options.
3. Digital, Trunked - To include base station equipment,
repeaters, vehicular ratio equipment, portable radio
equipment and personal portables, all with accessories and
options.
4. Digital, Non-Trunked - To include base station equipment,
repeaters, vehicular ratio equipment, portable radio
equipment and personal portables, all with accessories and
options.
5. Radio Equipment, Pagers, Receiving - To include Lo-Band VHF,
Hi-Band VHF, UHF, 800 and 900 MHZ, Sound Management
Equipment.
6. Radio Base Station Control Equipment - To include local
control - DC/Tone, Local/Remote - DC/Tone, Remote - DC/Tone,
modems, consoles, equipment racks and voice activated
intercom with radio interface.
7. Marine Band
8. Aviation Band
9. Amateur - To Include VHF, 2 Meter, SSB, 220 MHZ Band
10. Antennas - Mobile, Portable, Base Station
11. Microwave Equipment - Radios and Antennas
12. Spare Parts
13. Fire Paging System
14. Batteries and Chargers
15. Test Equipment
16. Consoles
3.8 SUBSTITUTIONS/REPLACEMENTS/ADDITIONS
If a new product within the scope of this RFP is introduced
during the contract term, or a current product is discontinued,
updated or replaced by a new product, and the contractor wishes
to offer that product under the contract, the product must be
better or equal to the equipment under contract and a request for
substitution or addition must be made in writing to the Division
of Purchase and Property, with the following stipulations:
1. The Request must be submitted, in writing, to the assigned
buyer at the Purchase Bureau, 33 West State Street, P O Box
230, Trenton, NJ 08625-0230. An original and two exact
copies must be submitted.
2. The equipment will be considered for addition to the contract
at the introduction price less the discount bid.
3. The request must be for equipment from the same manufacturer
lines originally awarded.
4. All requests must be approved in writing by the Division of
Purchase and Property before being offered to any agencies.
In addition, if a manufacturer is adding or removing dealers from
their authorized list, the manufacturer must submit the request
in writing as detailed above.
3.9 New Technology
If a new product, having the same functional purpose and a
demonstrated nexus to the product under the contract, is
developed and comes in to standard production after the contract
award, that product will be considered for addition and/or
replacement to the product under contract. The Contractor must
make a written request to the Purchase Bureau for the new product
to be added to the contract. Such written request must include
the specifications for the new product, evidencing that the new
product serves the same functional purpose and has a close nexus
to the product under contract.
All proposed additions or replacement are subject to review and
written acceptance by the Director, Division of Purchase and
Property. The sale of the new product, accepted in writing by
the Director, shall be governed by the terms of the contract,
including price. The aggregate price performance of any new
product must be equal or less than the existing contracted
product.
3.10 ISSUE RESOLUTION
All issues, disputes, complaints, payments, time and material
calls will be mediated by members of the contractor's staff, the
Using Agency and the Purchase Bureau. Formal complaints will be
handled by the Division's Contract Compliance and Administration
Unit, pursuant to NJAC 17:12-4.
3.11 Lease/Purchase
There will be no lease purchase options under this contract.
3.12 Workplace Safety
The State represents and warrants that State premises and
conditions to be encountered by the Contractor at State's
premises and in areas where work is to be performed shall be in
compliance with all applicable Federal and State Laws, Rules and
Regulations.
3.13 Primary and Secondary
Contract awards for batteries and chargers are made to a primary
and secondary contractor. During the term of the contract, Using
Agencies are to utilize the primary contractor. If the primary
contractor is unable to perform the work required, the Using
Agency shall then utilize the secondary contractor. When
utilizing the secondary contractor, Using Agencies must document
their files as to the reason why the primary contractor was not
utilized.
3.14 News Releases
The contractor is not permitted to issue news releases pertaining
to any aspect of the services being provided under this contract
without the prior written consent of the Director.
3.15 Advertising
The contractor shall not use the State's name, logos, images, or
any data or results arising from this contract as a part of any
commercial advertising without first obtaining the prior written
consent of the Director.
3.16 Claims and Remedies
3.16.1 Claims
The following shall govern claims made by the contractor
regarding contract award recision, contract
interpretation, contractor performance and/or suspension
or termination.
Final decisions concerning all disputes relating to
contract award recision, contract interpretation,
contractor performance and/or contract reduction,
suspension or termination are to be made in a manner
consistent with N.J.A.C. 17:12-1.1, et. seq. The
Director's final decision shall be deemed a final agency
action reviewable by the Superior Court of New Jersey,
Appellate Division.
All claims asserted against the State by the contractor
shall be subject to the New Jersey Tort Claims Act,
N.J.S.A. 59:1-1, et seq. and/or the New Jersey
Contractual Liability Act, N.J.S.A. 59:13-1, et seq.
However, any claim against the State relating to a final
decision by the Director regarding contract award
recision, contract interpretation, contractor performance
and/or contract reduction, suspension or termination
shall not accrue, and the time period for performing any
act required by N.J.S.A. 59:8-8 or 59:13-5 shall not
commence, until a decision is rendered by the Superior
Court of New Jersey Appellate Division (or by the Supreme
Court of New Jersey, if appealed) that such final
decision by the Director was improper.
3.16.2 Remedies
Nothing in the contract shall be construed to be a waiver
by the State of any warranty, expressed or implied, or
any remedy at law or equity, except as specifically and
expressly stated in a writing executed by the Director.
3.17 Form of Compensation and Payment
This section supplements Section 4.5 of the RFP's Standard Terms
and Conditions. The contractor must submit official State
invoice forms to the Using Agency with supporting documentation
evidencing that work for which payment is sought has been
satisfactorily completed. Invoices must reference the tasks
completed or equipment delivered and must in strict accordance
with the firm, fixed prices submitted for each task or equipment.
Where applicable, invoices should reference the appropriate RFP
price sheet line number from the contractor's bid proposal. All
invoices must be approved by the State Contract Manager before
payment will be authorized.
Invoices shall be submitted according to the payment schedule
agreed upon when the work was authorized and approved. Progress
payments will be allowed provided the value of the payment does
not exceed the work completed or the equipment delivered.
Payment can only be made for work when it has received all
required written approvals and has been satisfactorily complete.
3.18 Change in Law
Whenever an unforeseen change in applicable law or regulation
affects the services that are the subject of this contract, the
contractor shall advise the State Contract Manager and the
Director in writing and include in such written transmittal any
estimated increase or decrease in the cost of its performance of
the services s a result of such change in law or regulation. The
Director and the contractor shall negotiate an equitable
adjustment, if any, to the contract price.
4.0 REQUIREMENTS
4.1 DELIVERY
4.1.1 All deliveries are to be FOB destination.
4.1.2 Contractor shall be responsible for the delivery of
material in first-class condition at the point of delivery
and in accordance with good commercial practice.
4.1.3 Contractor shall notify the agency at least forty-eight
(48) hours in advance of shipment so that necessary
arrangements can be made.
4.1.4 If deliveries can not be affected within the stated time
after receipt of order, ordering agency shall be advised
immediately to permit purchase from another source. There
will be no back ordering, except upon specific approval of
ordering agency.
4.1.5 Brands delivered must be strictly in accordance with those
offered in the Contractor's bid.
4.1.6 Contractor must be able to service and deliver to all
sections of the State. This service shall include:
product information, sales, installation, technical
support, training, maintenance and warranty support. No
consideration will be given to Contractors restricted to a
geographical area within the State.
4.2 PACKING AND SHIPPING
Packaging for shipment shall be such as to protect the product
adequately to insure safe shipment.
Shipping cases shall be marked to show the name of the suppliers,
name and address of receiving agency and State purchase order
number.
4.3 PROGRAMMABLE EQUIPMENT
All equipment must be completely operational upon delivery. If
the manufacture does not specifically identify on the OEM price
list, pricing for programming, the vendor must submit the
programming costs.
4.4 TYPE OF EQUIPMENT
The type of equipment required for this proposal is to be that
equipment specifically required for use in the FCC designated
private land mobile and general mobile services in all of its
classes of stations. While this description primarily covers
VHF, UHF and 800 MHz equipment,it is not intended to exclude
other modes of operation normally used by public service
agencies, such as SSB, ACSP, Amateur Radio, Aviation Services,
Marine Services, Interconnect Systems, and Paging Equipment.
Accordingly, interested prospective contractors are requested to
respond to the limits of their supply capability.
4.5 BASE STATION AND ANTENNA INSTALLATION
Base Station installation costs are to be based on the mounting
of antennas, with appropriate hardware and cabling on existing
building structures, including antenna towers, at the various
levels above ground level. Costs are to include the drilling of
a single access thru-hole through an outside wall. This hole,
when installation is complete, is to be restored to a
weather-proof condition and the external and internal wall
appearance also restored cosmetically within reason.
When an Using Agency selects an antenna, the successful
contractor for the Base Station equipment will be responsible to
guarantee that the electrical and mechanical criteria of the
installation meet TIA (Telecommunication Industry Association)
requirements. All necessary heavy-duty mounting brackets support
pipes, coaxial cable, weatherproofing, grounding and connectors
are to be supplied as specified and/or recommended by the antenna
manufacturer for heavy-duty service for these antennas. The
antennas are to be suitably protected against lightning damage in
accordance with established underwriters, and other industry
standard procedures. This is to insure that all mechanical and
electrical connections are to be compatible with one another so
as to eliminate or reduce to the absolute minimum the possibility
of galvanic corrosion between all metallic conductors and
connectors.
4.6 ANTENNA PATTERN ADJUSTMENT
In some cases, the Using Agency selected antenna may be of the
type that may require adjustment from an omnidirectional pattern
to a directional pattern as the Using Agency needs dictate. It
is, therefore, required of the Base Station installer to indicate
an additional charge for this service, if applicable.
4.7 COMPONENTS
It is the intent of the State to secure bids on standard items of
equipment which can be properly maintained and serviced without
the necessity of carrying expensive parts stock or being subject
to the inconvenience of long periods of interrupted service due
to lack of available parts.
All replacement parts are to be readily identified with the
original manufacturer's identification number.
All electronic components are to be obtainable as standard
industry type units. If any component is re-identified with
another designation exclusive to the communications equipment
manufacturer, a complete cross-reference is to be supplied
indicating the original manufacturer's part number and all
performance parameters of the component in question.
4.8 SAMPLE EQUIPMENT FOR TEST
The contractor may be required to submit samples of the type of
equipment they propose to furnish. If so notified by the State,
the Contractor is to deliver such samples to the Using Agency,
within fifteen days after the giving of such notice.
Samples will be returned after testing by the State, but no
representation is made that their condition upon return will be
the same as when submitted, and the State assumes no
responsibility for damage, thereto, whether through testing or
otherwise.
4.9 MANUALS
Contractors are to supply an operator/user manuals for each unit
ordered at time of delivery. These manuals are to be at no cost
to the Using Agency.
Bulletins, revisions, factory service notes and corrections are
to be supplied to the Using Agency for incorporation into their
manual as they are issued by the manufacturer.
Contractors are to provide free shop manuals with every ten (10)
like items purchased.
4.10 WARRANTY AND RESPONSE TIME
4.10.1 Warranty
All equipment and software must operate in accordance with
the manufacturer's standard specifications and
documentations with a warranty for a minimum period of one
year to begin after acceptance. Acceptance is when the
equipment is installed either by the Using Agency or the
Contractor and the equipment is accepted by the Using
Agency, or if applicable, after the In-Service training.
All repairs and replacement under the warranty are to be
at no charge to the State of New Jersey for parts, service
and labor during normal business hours: Monday through
Friday, 8:00 am to 5:00 pm.
Warranty for software includes any updates and upgrades
thereto during the warranty period.
If warranty repairs cannot be corrected on site, and the
component requiring the repair is crucial to the system,
the Contractor must supply a replacement or loaner which
is functionally equivalent at no charge in order to
maintain the system while warranty repairs are being
completed.
Contractors may propose equipment requiring mail-in
warranty. All mail-in warranty handling costs will be
at the contractor's expense. Contractors must provide
protective shipping containers.
4.10.2 Replacement Parts
Excepting the circumstances described in the second
paragraph of this sub-section, only new parts new parts
and materials are permissible where
replacement of parts and materials is required in
accordance with the manufacturer's guidelines to effect
the necessary repairs where such replacement parts are
unavailable. The Contractor may propose substitute brands
provided such brands are equal or better than the ones
contained in the manufacturer's manual. The burden of
establishing interchangeability, suitability and quality
of alternate or substitute replacement parts or materials
lies with the Contractor; and he shall furnish at its own
expense all applicable technical literature or
documentation and information necessary or related thereto
as required by the Using Agency. The Using Agency will
review such information as may be provided by the
Contractor with respect to the comparative quality and
suitability of alternate or substitute equipment, articles
or materials and the Using Agency's decision shall be
final.
The State will allow Remanufactured parts provided the
remanufactured part has a "like new warranty" and for some
reason a "new" part is not readily available, i.e. parts
no longer in current production.
4.10.3 Trouble Report
Contractor must provide a toll-free single point of access
to a "trouble reporting" and technical support
that is staffed 24 hours per day, 7 days a week. The
Contractor must respond to trouble reports within thirty
minutes of notification. Remote diagnostic testing
capability of the equipment by the vendor's personnel is
required. If during this remote testing the trouble is
cleared from the vendor supplied equipment on an end-to-
end basis, the end user should be informed so that they
may contact other vendors or suppliers as necessary.
Vandalism or misuse is not the responsibility of the
contractor.
Contractor shall provide a list of escalation telephone
contact numbers for supervisory personnel within the
Contractor's trouble reporting center.
Authorized dealers of the manufacturer who receive a
purchase order directly from the Using Agency must comply
with the above paragraphs.
4.10.4 Response Time
Mean Time to Response
Response to a reported trouble is thirty minutes unless
the Using Agency assigns a high severity. A response is
considered to be the actual physical process of resolving
the problem not just forwarding the report.
Mean Time to Repair
Total outage time on any reported trouble shall be no
longer than twenty-four hours. Total duration time may be
less than twenty-four hours if the reported trouble is
noted as being a higher severity level by the Using
Agency. Service must be restored within the time
assigned. The following is the required duration by
severity level.
- Severity Level 1 - Outage cleared within 24 hours.
- Severity Level 2 - Outage cleared within 8 hours.
- Severity Level 3 - Outage cleared within 4 hours.
- Severity Level 4 - Outage cleared within 2 hours.
Severity Level 1: Equipment failure not critical to the
Using Agency and services can effectively continue until
repairs are completed.
Severity Level 2: 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 3: 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 4: An equipment/service failure or
malfunction that significantly impairs the Using Agency's
ability to communicate. A severity level 4 existing when
a Using Agency is to a large extent out of service.
4.11 CURRENT PRODUCTION ITEMS
The Contractor shall provide only new current production items.
No used or discontinued items are acceptable. The State reserves
the right to bid refurbished equipment when deemed in the best
interest of the State.
The Contractor is cautioned that surplus, seconds, factory
rejects, close-out or distressed items are not acceptable, and if
furnished, will be rejected. Repetitive deliveries of
substandard items will result in the Using Agency's being
authorized by the Director of Purchase and Property to obtain
needed items on the open market and to charge the difference in
price to the Contractor.
The State will allow remanufactured parts provided the
remanufacturered part has a "Like New Warranty," and for some
reason a "new" part is not readily available, i.e. parts no
longer in current production.
4.12 ITEMS ORDERED AND DELIVERED
Using Agencies are authorized to order and vendors authorized to
ship only those items covered by this contract. If a review of
orders placed by any Using Agency reveals that material other
than that covered by the contract has been ordered and delivered,
the Director of the Division of Purchase and Property will take
such steps as necessary to have the material returned by the
Using Agency regardless of the time lapsed between the date of
delivery and discovery of the violation. Full credit will be
demanded. Violation of this clause may result in the removal of
the offending contractor's name from the bid mailing list for a
period of up to three (3) years.
4.13 STANDARDS AND CODES
This section is in addition to the Standard Terms and Conditions,
Paragraph 3.13, Performance Guarantee of Bidder.
All equipment and installation thereof shall conform to all
current applicable Federal, State and Local laws and regulations,
and PEOSHA codes, be FCC registered and meet the electrical code
standards established by National Electrical Code (NEC),
Underwriters Laboratories (UL) and American Disability Act.
Where accessories are to be supplied, they must be compatible
with the rest of the equipment.
Radio Communication Equipment must conform to:
A. FCC Registered
Comply with Part 68 of Title 46 CFR Regarding direct
connection of Telecommunications Equipment.
Comply with part 15 FCC Regulations for any radio frequency
device.
B. NEMA National Electrical Code.
C. UL/CSA Standards.
D. Wiring must conform to and be installed in accordance with:
EIA/TIA-569-Electrical Industries Association
Telecommunications Industry Association Commercial
Building for Telecommunications Pathways and spaces.
E. Installation must be compliant with:
N.J.A.C. 5:23
N.J.A.C. 6.22
Boca National Building Code
4.14 CONTRACTOR RESPONSIBILITIES
The contractor will be required to assume sole responsibility for
the delivery, installation, system performance guarantee and
maintenance of all equipment and services offered in its proposal
whether or not it is the OEM. The Contractor shall comply with
all laws, ordinances and regulations (Federal, State, City and
otherwise) covering work thereunder.
The Contractor is responsible for assuring subcontractor
compliance with all terms and conditions of this RFP. The
Contractor will assume sole responsibility for any payments due
the subcontractor(s) under the contract.
4.15 SUBCONTRACTING
This section is in addition to Section 3.11 of the Purchase
Bureau Standard Terms and Conditions.
Subcontracting is allowable for purposes of this contract. If
subcontracting is planned, the Contractor shall submit for each
subcontractor, the certificate by the Department of Labor
Indicating compliance with the Public Works Contractor
Registration Act.
4.16 Substitution or Addition of Subcontractor(s)
This subsection serves to supplement but not to supersede Section
3.11 of the Standard Terms and Conditions of this RFP.
If it becomes necessary for the contractor to substitute and/or
add a subcontractor, the contractor will identify the proposed
new subcontractor and the work to be performed. The contractor
must provide detailed justification documenting the necessity for
the substitution or addition.
The contractor shall forward a written request to substitute or
add a subcontractor to the assigned Purchase Bureau buyer for
consideration. The request will be forwarded to the Director,
Division of Purchase and Property, for final approval.
No substituted or additional subcontractors are authorized to
begin work until the contractor has received written approval
from the Director.
4.17 METHOD OF OPERATION
After awards are made the individual agencies and participants in
the Cooperative Purchasing Program will be able to obtain quotes
from the awarded vendors.
Awarded vendors will be required to provide contract users with:
1. A written quote showing each item being quoted, the MSLP, the
percent discount and the State's price.
2. A photocopy of the page from the vendor's original bid
proposal detailing the item or system. If an item has been
added to the contract after the original bid submission, the
vendor must provide contract users with a photocopy of:
A. The Letter of Authorization from the Purchase Bureau
verifying approval of the addition.
B. The vendor's letter requesting the addition and any
attachments specifying the item or items to be added.
4.18 MAINTENANCE FOLLOWING WARRANTY PERIOD AND RESPONSE TIMES
4.18.1 Maintenance Following Warranty Period
The Contractor may provide for either an all inclusive
maintenance price for one year and/or maintenance based
on time and material for maintenance support for
equipment and software after the one year warranty has
expired.
Maintenance for software includes any updates thereto
during the maintenance term.
Exhibit A is for an annual all inclusive maintenance
contract. The Contractor is to list all the equipment to
be included under the maintenance agreement and the price
for maintenance. Information provided in response to
Exhibit A must include: labor, installation,
preventative maintenance, installation of software
updates (on the applicable equipment) and other materials
required to repair or replace the equipment which has
become inoperable through normal wear and usage.
Exhibit B is for maintenance based on time and
material/hourly prices. Contractors completing Exhibit B
must also include a list of material with the hourly
rates.
Information provided by the Contractor in response to the
Exhibits must include maintenance service through a
factory approved (i.e. factory supervised, trained,
industry licensed personnel, and adequately equipped)
local service shop. Such service shall include:
1. Routine Preventative Maintenance
2. Periodic checks on equipment performance as required
by FCC rules and regulations.
3. Prompt repair in case of equipment breakdown, and
4. A factory field service force capable of performing
all needed inspections, training personnel to service
equipment, and providing other services as might
arise in relation to equipment servicing.
5. Installation of software updated (on the applicable
equipment)
Attachment B also includes a copy of the Agreement for
Equipment and Software Maintenance. All Contractors must
adhere to this agreement. Contractors are not permitted
to submit their own maintenance agreement to the Using
Agencies.
4.18.2 Replacement Parts
Excepting the circumstances described in the second
paragraph of this sub-section, only new parts and
materials are permissible where
replacement of parts and materials is required in
accordance with the manufacturer's guidelines to effect
the necessary maintenance and/or repairs where such
replacement parts are unavailable. The Contractor may
propose substitute brands provided such brands are equal
or better than the ones contained in the manufacturer's
maintenance manual. The burden of establishing
interchangeability, suitability and quality of alternate
or substitute replacement parts or materials lies with
the Contractor; and he shall furnish at its own expense
all applicable technical literature or documentation and
information necessary or related thereto as required by
the Using Agency. The Using Agency will review such
information as may be provided by the Contractor with
respect to the comparative quality and suitability of
alternate or substitute equipment, articles or materials
and the Using Agency's decision shall be final.
The State will allow remanufactured parts provided the
remanufactured part has a "like new warranty," and for
some reason a "new" part is not readily available, i.e.
parts no longer in current production.
4.18.3 Trouble Report
Contractor must provide a toll-free single point of
access to a "trouble reporting" and technical support
that is staffed 24 hours per day, 7 days a week.
The Contractor must respond to trouble reports within
thirty minutes of notification. Remote diagnostic
testing capability of the equipment by the vendor's
personnel is required. If during this remote testing the
trouble is cleared from the vendor supplied equipment on
an end-to-end basis, the end user should be informed so
that they may contact other vendors or suppliers as
necessary. Vandalism or misuse is not the responsibility
of the contractor.
Contractor shall provide a list of escalation telephone
contact numbers for supervisory personnel within the
Contractor's trouble reporting center.
Authorized dealers of the manufacturer who receive a
purchase order directly from the Using Agency must comply
with the above paragraphs.
4.18.4 Response Time
Mean Time to Response
Response to a reported trouble is thirty minutes unless
the Using Agency assigns a high severity. A response is
considered to be the actual physical process of resolving
the problem not just forwarding the report.
Mean Time to Repair
Total outage time on any reported trouble shall be no
longer than twenty-four hours. Total duration time may
be less than twenty-four hours if the reported trouble is
noted as being a higher severity level by the Using
Agency. Service must be restored within the time
assigned. The following is the required duration by
severity level.
- Severity Level 1 - Outage cleared within 24 hours.
- Severity Level 2 - Outage cleared within 8 hours.
- Severity Level 3 - Outage cleared within 4 hours.
- Severity Level 4 - Outage cleared within 2 hours.
Severity Level 1: Equipment failure not critical to the
Using Agency and services can effectively continue until
repairs are completed.
Severity Level 2: 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 3: 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 4: An equipment/service failure or
malfunction that significantly impairs the Using Agency's
ability to communicate. A severity level 4 existing when
a Using Agency is to a large extent out of service.
4.19 Training
The Contractor will provide training and manuals for all
equipment and system operation immediately following system
installation. Upon request, the contractor will provide a
training outline to the Using Agency. It is expected that an
individual other than the site installation technician, will
perform the training. The site installation technician may
provide an overview/introduction/orientation to the newly
installed equipment.
Training for equipment and system operation is expected to be at
least one full day, eight hours. The contractor will provide all
training materials. Training is to be included in the price of
the equipment.
Additional training may be required by the Using Agency. This
training would be in addition to the training that is to be
included after installation.
4.20 Project Engineering/Management, Site Management
Basic system design and installation resources must be included
in the cost of the equipment purchased. Using Agencies may
require custom design of systems and basic and custom
installation resources. Hourly rates for these services must be
established at the time of response to the RFP. Contractors
shall provide a written proposal to the Using Agencies specifying
all service charges in advance of the purchase of the
equipment/system.
Any custom design work or system integration will remain within
the confines of the Purpose and Intent of this contract. Custom
design or integration work outside the scope must be bid
separately.
4.21 Batteries
The Purchase Bureau is working in cooperation with other State
agencies and environmental interest groups to ensure that
purchasing policies and contracts are in accord with the
requirements of the "Dry Cell Battery Management Act," NJSA
13:1E-99.59 et.seq.
Contractors should offer rechargeable Ni-MH, rechargeable
alkaline, and rechargeable ni-Cd batteries in standard sizes.
Contractors should participate in the Rechargeable Battery
Recycling Corporation (RBRC) program or offer an equivalent
alternative.
With all orders for batteries and all products that incorporate
batteries, contractors should provide detailed written recycling
instructions. With any batteries or products containing
batteries that incorporate cadmium, lead, or mercury, contractors
should provide a written explanation of the toxic hazards of
these heavy metals in the waste stream.
The contractor is precluded from offering and, if awarded a
contract, any battery in response to the RFP that does not fully
comport with all of the requirements of "Dry Cell Battery
Management Act," NJSA 13:1E-99.59, et. Seq.
SUPPLEMENT
TO
STANDARD TO TERMS AND CONDITIONS
The following paragraphs supersede the Standard Terms and Conditions
as listed in the Request for Proposal 01-X-32903.
Standard Terms and Conditions
Paragraph 2 Liabilities, delete sections 2.1 and 2.2 and replace
with the following
2.1 Patent and Copyright Indemnity
(A) The Contractor shall hold and save the State of New Jersey,
its officers, agents, servants and employees, harmless from
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 the
Contract.
(b) The State of New Jersey agrees: (1) to promptly notify the
Contractor in writing of such claim or suit; (2) that the
Contractor shall have control of the defense or settlement
of such claim or suit; and (3) to cooperate with the
Contractor in the defense of such claim or suit, to the
extent that the interests of the Contractor and the State
are consistent.
(c) In the event of such claim or suit, the Contractor, at its
option, may: (1) procure for the State of New Jersey the
legal right to continue the use of the product; (2) replace
or modify the product to provide a non-infringing product
that is the functional equivalent; or (3) refund the
purchase price less a reasonable allowance for use that is
agreed to by both parties.
2.2 Indemnification
The Contractor shall assume all risk 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 on account of the loss of life,
property or injury or damage to the person, body or property of
any person or persons whatsoever, which shall arise or result
from (1) any willful misconduct or negligent act or omission of
the contractor; or (2) the work, materials or services supplied
by the contractor under this contract; or (3) the contractor's
breach of this contract. The State agrees to notify the
contractor as soon as is practical of any claim, demand or action
for which the State will request indemnification from the
contractor.
This indemnification obligation does not extend to incidental and
special or consequential damages.
2.3 Insurance, Subparagraph a.
Comprehensive General Liability Insurance
The minimum limit of liability shall be $5,000,000 per occurrence
as a combined single limit for bodily injury and property damage
together with excess coverage or umbrella coverage with the same
terms and conditions as the primary underlying coverage
(following form) in an amount such that the primary and excess
coverage or primary and umbrella coverage together equal or are
greater than $15,000,000. Said excess or umbrella policy shall
contain a clause stating that it takes effect (drops down) in the
event the primary coverage is impaired or exhausted.
The above required Comprehensive General Liability policy shall
name the State, its officers, and employees as additional
insured.
The coverage to be provided under this policy shall be at least
as broad as that provided by the standard basic, unamended, and
unendorsed comprehensive general liability occurrence coverage
forms currently in use in the State of New Jersey, which shall
not be circumscribed by an endorsement limiting the breadth of
coverage.
The insurance policy shall be endorsed to include contractual
liability coverage, broad form property damage coverage,
independent contractor's coverage and personal injury coverage.
3.5 Termination of Contract
This section is changed to read "Termination of Contract or
Maintenance Agreement".
Section 3.5(c), the following is added: In each instance the
party will always be given time to respond.
3.13 Performance Guarantee of Bidder
Delete Paragraph e. and replace with the following:
Trained mechanics are regularly employed to make necessary
repairs to equipment in the territory from which the service
request might emanate. Response time is as listed under Section
6.10.4 and Section 6.19.4 Response Time.
Delete Paragraph f. and replace with the following:
During the one year warranty period, the Contractor shall replace
immediately any material which is rejected for failure to meet
the requirements of the contract.
The following paragraph is added:
Paragraph H:
In instances where integration, design services and/or site
implementation are involved, the State is relying on the
Contractor's skill or judgment in selecting or furnishing the
goods and services.
Standard Terms and Conditions will supersede all software agreements
until agreed to by the Director.
ATTACHMENT A
PURCHASE AGREEMENT AND WARRANTY
SUPPLEMENTAL
____________________, hereinafter "Contractor," and _________________
hereinafter "Using Agency," agree that in addition to the Standard
Terms and Conditions and Specifications governing 02-X-32903 the
following terms and conditions will apply to the equipment, software,
installation, and warranty ordered by the Using Agency pursuant to
this Agreement.
1.0 ORDERS
The term "order" is defined as the request to purchase equipment
or software evidenced by the Purchase Order from the Using Agency,
attached hereto and incorporated herein.
2.0 PRICE
All prices must be in accordance with the Contract. Payment shall
be made upon acceptance by the Using Agency. Acceptance is when
the equipment is installed either by the Using Agency or the
Contractor and the equipment is in good working order and made
operational in accordance with standard specifications and the
equipment is accepted by the Using agency, or if applicable, after
the in-service training.
3.0 WARRANTY EXCLUSIONS
A. Except as stated in Section 2.2 and 3.13 Paragraph of the
Specifications, the Contractor makes no warranties, express or
implied of merchantability or fitness for a particular purpose
with respect to the equipment and software.
B. It is understood that the warranty provided in Section 2.2
with respect to equipment and software does not cover repair
for damages or malfunctions caused by: (1) abuse, misuse,
neglect of non-Contractor personnel; (2) non-Contractor
furnished equipment or software; (3) failure to follow
Contractor's installation and operation instructions,
including failure to permit the Contractor timely remote
access to the equipment; (4) force majeure conditions as
stated in Section 6 below. In addition, it is understood that
the software warranty will be voided if the software is
modified by the Using Agency without the Contractor's consent.
C. The Contractor is not responsible for, unauthorized use (or
charges for such use) of common carrier telecommunications
services or facilities accessed through or connected to the
equipment.
4.0 PROPRIETARY SOFTWARE
Subject to the provisions contained herein, Contractor grants a
non-exclusive license for the use of certain proprietary computer
software products to the Licensee named above (herein called the
"Using Agency").
A. Proprietary Software and Services
__________ will furnish the Using Agency with proprietary
software programs and user documentation for __________. The
__________ software will operate on :
___________________________________________ and on the
designated operating system __________. Before the Using
Agency replaces or relocates the designated CPU, it shall
notify _______________, in writing, of such replacement or
relocation. _____________Consent to the foregoing shall not
be unreasonably withheld.
This LICENSE AGREEMENT (herein called the "Agreement") shall
cover the use of the SOFTWARE PRODUCTS (see Exhibit C) for up
to and including ___ users of __________ software in any
combination of ______________ upon payment by the Using Agency
to ______ of: License Fee: ____________. The Using Agency
agrees to pay to ___________ the sum of __________ per user
for each additional user from the ____________________. The
Using Agency further agrees to pay to _____________ the sum of
___________________ for each additional user from the
_____________________.
__________ may, at its option, on a yearly basis request in
writing that the Using Agency provide ________________, in
writing, a list of the number of users presently using the
SOFTWARE PRODUCTS. The Using Agency shall supply such
information to _______________ within 30 days of receipt of
such request.
B. Services
The Contractor's warranty for software shall include:
1. All software updates, revisions, new versions and patches
necessary to maintain the functionality of the proposed
system.
2. On-site problem correction.
3. Problem resolution.
4. Installation, repairs, preventative updates, moves,
changes and other services.
5. Ability to perform remote diagnostics.
C. Restricted Use and Proprietary Rights
The Using Agency shall be provided with all necessary
documentation by __________________ which shall be required to
operate the SOFTWARE PRODUCT(S) effectively.
The Using Agency acknowledges that the SOFTWARE PRODUCT(S) are
a valuable trade secret, exclusively marketed in this area by
__________. The Using Agency ACKNOWLEDGES THAT ____________
developed this system through the expenditure of substantial
time, effort and money, which ____________ wishes to retain in
confidence and withhold from disclosure to persons who are not
LICENSEES. The Using Agency hereby agrees that any
information, knowledge and factual data related to the
SOFTWARE PRODUCT(S) which may be imparted to the Using Agency
by ____________ at any time, will not be communicated to any
third party except the employees of the Using Agency who will
utilize any such information and factual data only in the
scope of their employment in order to further the business of
the Using Agency. It is expressly understood that this
obligation shall survive the expiration of termination of the
Agreement. The Using Agency shall have a non-exclusive
license to utilize the SOFTWARE PRODUCT(S) but shall have no
other right, title or ownership interest therein, nor shall
this Agreement be deemed to create a partnership or joint
venture of any kind between ____________ and the Using Agency.
The Using Agency shall have no right whatsoever, express or
implied, to bind _______________ to any other agreement
whatsoever. It is understood that the Using Agency's right to
use the SOFTWARE PRODUCT(S) pursuant to the terms of the
within Agreement shall be personal to the Using Agency and
shall not in any respect be assignable to a third party
without the prior written consent of ________________.
5.0 TITLE/RISK OF LOSS
Risk of loss for Using Agency installed equipment and Contractor
installed equipment shall pass to the Using Agency upon delivery.
Title to Using Agency installed equipment and Contractor-installed
equipment shall pass to the Using Agency upon acceptance as
defined in Section 6.10.1 of the Specifications.
6.0 FORCE MAJEURE
The Contractor shall have no liability for delays, failure in
performance or damages due to: fire, explosion, pest damage, power
failures, strikes or labor disputes, water, acts of God, the
elements, war, civil disturbances, acts of civil or military
authorities or the public enemy, inability to secure raw
materials, transportation facilities, fuel or energy shortages,
acts or omissions of communications carriers, unauthorized use of
the equipment or other causes beyond the Contractor's control
whether or not similar to the foregoing.
7.0 SUBCONTRACTING OR ASSIGNMENT
The Contract may not be subcontracted or assigned by the
Contractor, in whole or in part, without the prior written consent
of the Director of the Division of Purchase and Property. Such
consent, if granted, shall not relieve the Contractor of any of
its responsibilities under the Contract.
Nothing contained in the specifications shall be construed as
creating any contractual relationship between any subcontractor
and the Using Agency or the State of New Jersey.
8.0 RECONCILIATION OF EQUIPMENT ADDITIONS UNDER WARRANTY
It is the responsibility of the Contractor to provide a list of
all equipment whose warranty has expired during the fiscal year.
This list will be for the Using Agency and must contain Model
Number, Serial Number and Warranty Expiration Date ,i.e. FDOC
(First Day of Charge). This list must be received by the Using
Agency by April 15 of each year and must also be certified by the
Using Agency as part of their inventory reconciliation.
9. GENERAL
A. Any supplement, modification or waiver of any provision of
this Agreement as relates to the quantity of equipment and
software ordered must be in writing and signed by authorized
representatives of the Using Agency and Contractor's
authorized representative.
B. If either party fails to enforce any right or remedy available
under this Agreement, that failure shall not be construed as a
waiver of any right or remedy with respect to any other breach
or failure by the other party.
C. The Using Agency certifies that the equipment acquired
thereunder is intended for the Using Agency's use in the
ordinary course of business and not for the purpose of resale.
D. This Agreement incorporates the terms and conditions set forth
within the Specifications, the Standard Terms and Conditions
and the Contractor's response. In the event of a conflict,
the governing order of the document shall be the
Specifications, the Standard Terms and Conditions, this
Agreement and the Contractor's response.
USING AGENCY CONTRACTOR
BY__________________ ______________________
Signature Signature
__________________ ______________________
Name Name
__________________ _______________________
Title Title
__________________ ________________________
Date Date
ATTACHMENT B
AGREEMENT FOR EQUIPMENT AND SOFTWARE MAINTENANCE
1.0 EFFECTIVE DATE AND TERM
This Agreement shall become effective for one year following
acceptance, i.e., when the one year warranty period expires and
shall remain in effect for one year.
2.0 SCOPE OF AGREEMENT
This Agreement contains standard maintenance provisions for
equipment and software provided by the vendor.
3.0 AGREEMENT OBJECTIVES
To provide maintenance prices applicable to the equipment and
software purchased under this contract. The maintenance price
list must be attached.
4.0 PROPRIETARY SOFTWARE AND POST-WARRANTY MAINTENANCE SERVICES
Subject to the provisions contained herein, vendor grants a
non-exclusive license for the use of certain proprietary computer
software products to the Licensee named above (herein called the
"Using Agency").
A. Proprietary Software and Services
__________ has furnished the Using Agency with proprietary
software programs and user documentation for __________. The
__________ software operate on :
___________________________________________ and on the
designated operating system __________. Before the Using
Agency replaces or relocates the designated CPU, it has
agreed to notify _______________, in writing, of such
replacement or relocation. _____________Consent to the
foregoing shall not be unreasonably withheld.
This LICENSE AND MAINTENANCE AGREEMENT (herein called the
"Agreement") covers the use of the SOFTWARE PRODUCTS (see
Exhibit C) for up to and including ___ users of __________
software in any combination of ______________ upon payment by
the Using Agency to ______ of: License Fee: ____________ and
Maintenance Fee: __________________. The Using Agency agrees
to pay to ___________ the sum of __________ per user for each
additional user from the ____________________. The Using
Agency further agrees to pay to _____________ the sum of
___________________ for each additional user from the
_____________________.
__________ may, at its option, on a yearly basis request in
writing that the Using Agency provide ________________, in
writing, a list of the number of users presently using the
SOFTWARE PRODUCTS. The Using Agency shall supply such
information to _______________ within 30 days of receipt of
such request.
B. Maintenance and Enhancements
________________ will maintain the software in an operable
condition according to the specifications contained in the
user documentation manual supplied with the software and will
make generally incorporated improvements and enhancements to
the software available without additional charge for two
years following the effective day of this Agreement. The
following definitions shall apply for the purpose of
determining the "Actual Annual Maintenance Charge".
The "Initial Annual Maintenance Charge" shall be ________
________________________ for up to and including ______
users: Increased by _____________________________ per year
for each additional user added to the original ___ users
during the maintenance period.
The "Initial Maintenance Start Date" shall be _________.
The ________________ shall be the maintenance price for
_______________, which ______________ then currently charges
to its customers as set forth in ______________ then current
published price list.
C. Services
The contractor's maintenance program for software shall
include:
1. All software updates, revisions, new versions and patches
necessary to maintain the functionality of the proposed
system.
2. On-site problem correction.
3. Installation, repairs, preventative maintenance,
updates, moves, changes and other services.
4. Ability to perform remote diagnostics.
D. Restricted Use and Proprietary Rights
The Using Agency shall be provided with all necessary
documentation by __________________ which shall be required
to operate the SOFTWARE PRODUCT(S) effectively.
The Using Agency acknowledges that the SOFTWARE PRODUCT(S)
are a valuable trade secret, exclusively marketed in this
area by __________. The Using Agency ACKNOWLEDGES THAT
____________ developed this system through the expenditure of
substantial time, effort and money, which ____________ wishes
to retain in confidence and withhold from disclosure to
persons who are not LICENSEES. The Using Agency hereby
agrees that any information, knowledge and factual data
related to the SOFTWARE PRODUCT(S) which may be imparted to
the Using Agency by ____________ at any time, will not be
communicated to any third party except the employees of the
Using Agency who will utilize any such information and
factual data only in the scope of their employment in order
to further the business of the Using Agency. It is expressly
understood that this obligation shall survive the expiration
of termination of this Agreement. The Using Agency shall
have a non-exclusive license to utilize the SOFTWARE
PRODUCT(S) but shall have no other right, title or ownership
interest therein, nor shall this Agreement be deemed to
create a partnership or joint venture of any kind between
____________ and the Using Agency. The Using Agency shall
have no right whatsoever, express or implied, to bind
_______________ to any other agreement whatsoever. It is
understood that the Using Agency's right to use the SOFTWARE
PRODUCT(S) pursuant to the terms of the within Agreement
shall be personal to the Using Agency and shall not in any
respect be assignable to a third party without the prior
written consent of ________________.
5.0 POST WARRANTY HARDWARE MAINTENANCE AND REPAIR OPTIONS
The following maintenance and repair service pricing options
shall be made available to the Using Agencies. This price
structure will remain constant over the next three years.
A. Annual All-Inclusive - A single annual repair/maintenance fee
as established in Exhibit "A" hereto for each equipment make
and model number supplied by the Contractor under the State
contract for supply of Telecommunication Equipment. The
price established shall include all repair and maintenance
costs including labor, parts, travel, shipping, etc. as well
as any required emergency services. Using Agencies may order
such service for a twelve month period commencing from the
expiration of the equipment warranty.
B. Time and Material/Hourly Maintenance and Repair Services -
Labor Only - Hourly rates for labor shall be established as
follows in Exhibit "B" hereto.
1. Straight time/Business Day (8:00 a.m. - 5:00 p.m.
Mon. thru Fri.)
2. Overtime - (5:01 p.m. -7:59 a.m..Mon. thru Sat.
All Day Saturday.
3. Premium Time, Sundays & Holidays
All Day
4. Emergency Service Calls - Response required within
_____ hours of notification by Using Agency.
When the hourly maintenance and repair service option is
elected by the Using Agency, replacement parts shall be
priced in accordance with the vendor discounts bid off of the
OEM published price list for brands as listed in RFP
02-X-32903.
6.0 POST WARRANTY HARDWARE SERVICE LEVEL
The Contractor will provide the Using Agency with maintenance as
set forth in Section 6.18 of the Specifications. Service covered
includes:
A. Calls resulting from abuse or neglect which are billable for
parts only where the all-inclusive option is chosen and for
time and materials where such option is chosen, when service
is performed between the hours of 7:00 a.m. and 6:00 p.m.;
B. Price of replacement parts which shall be charged at the
lowest available State Contract Price then in effect;
C. Problem determination should not exceed thirty minutes,
billable at the increment of the hourly rate.
6.1 Repairs and Maintenance
All repair and maintenance work performed by the Contractor
pursuant to this agreement shall be in accordance with the
manufacturer's guidelines and recommendations as published in
the appropriate maintenance manuals relating to the specific
pieces of Radio Equipment thereunder.
Radio Equipment products must conform to:
A. FCC registered
Comply with Part 68 of Title 47 FCC regarding direct
connection of Telecommunications Equipment.
Comply with Part 15 FCC Regulations for Hearing Impaired.
B. NEMA National Electrical code.
C. UL/CSA standards.
D. Wiring must conform to and be installed in accordance
with:
EIA/TIA-569-Electronic Industries Association
Telecommunications Industry Association Commercial
Building for Telecommunications Pathways and Spaces.
E. Installation must be compliant with:
N.J.A.C 5:23
N.J.A.C. 6:22
N.J.S.A. 18A:18
BOCA National Building Code
6.2 Replacement Parts
Only new parts and materials are permissible where
replacement of parts and materials is required in accordance
with the manufacturer's guidelines to effect the necessary
maintenance and/or repairs where such replacement parts are
unavailable, the Contractor may propose substitute brands
provided such brands are equal or better than the ones
contained in the manufacturer's maintenance manual. The
burden of establishing interchangeability, suitability and
quality of alternate or substitute replacement parts or
materials lies with the Contractor; and he shall furnish at
its own expense all applicable technical literature or
documentation and information necessary or related thereto as
required by the Using Agency. The Using Agency will review
such information as may be provided by the Contractor with
respect to the comparative quality and suitability of
alternate or substitute equipment, articles or materials and
the Using Agency's decision shall be final.
7.0 ISSUE RESOLUTION
All issues, disputes, complaints, payments, time and material
calls will be mediated by members of the Contractor's staff, the
Using Agency and the Purchase Bureau.
8.0 INCORPORATION OF THE STATE STANDARD TERMS AND CONDITIONS:
The State of New Jersey Standard Terms and Conditions included in
RFP 02-X-32903 are hereby incorporated herein by reference as if
set forth in full text.
9.0 TIME AND MATERIAL CHARGES
For all maintenance services provided by the Contractor that are
not covered by the standard maintenance coverage and provided
within or outside the contracted service hours, the Contractor
will issue a written customer service report of each such
incident of equipment malfunction or part thereof with the
invoice charges consistent with those attached on Exhibit B any
resulting invoices will be mailed directly to the Using Agency.
After review, if payment is owing, the Using Agency will make
payment to the Contractor.
10.0 Non-Allocation of Funding Termination:
Each fiscal year payment obligation of the Using Agency is
conditioned upon the availability of State funds which are
appropriated or allocated for the payment of such an obligation.
If funds are not allocated and available for the continuance of
any services performed by the Contractor thereunder, whether in
whole or in part, such services may be terminated by the Using
Agency at the end of any particular fiscal year. The Using
Agency will notify the Contractor in writing immediately of any
services which will be affected by a shortage of appropriated
funds. This provision shall not be construed so as to permit the
Using Agency to terminate this Addendum during the term, or any
service thereunder, merely in order to acquire identical service
from a third party maintenance Contractor.
11.0 Hardware Support
The Contractor agrees to provide guaranteed continuous
maintenance service availability for current equipment listed for
a minimum period of one year. However, this guarantee is made
subject to the following:
A. Provide maintenance on all mentioned units at no additional
charge except for work not covered. Work not covered by this
Agreement is defined as maintenance required to repair
damages, malfunctions or service failures caused by the
following:
1. Repeated failure to follow Contractor's installation,
operation or maintenance instructions.
2. Repeated device failure due to abuse, misuse, or
negligent acts.
3. Power failure or surges, lightning, fire, flood, pest
damage, accident, or other events not arising under
normal operating conditions.
The Contractor agrees to perform maintenance services in such
instances on a time and materials basis and in accordance with
the rates set forth herein.
12.0 OTHER RIGHTS
The signing of this Maintenance Agreement will not establish any
other rights nor will it constitute a guarantee that the
maintenance of any newly acquired products by the Using Agency
during the term of the Maintenance Agreement will be contracted
to a given firm.
13.0 RENEWAL
Upon the expiration of this Maintenance Agreement, the Contractor
will grant the Using Agency the option to renew under either of:
a) a then current Term Contract Agreement between the State of
New Jersey and the Contractor substantially inclusive of similar
terms and conditions to those contained herein, or b) new
mutually agreed upon terms and conditions by the parties.
14.0 CONTINUITY CLAUSE
The above Maintenance Agreement amends all attached exhibits and
any previous written or oral service agreements that are
conflicting in terms and conditions.
15.0 LAWS
This Addendum shall be governed and construed and the rights and
obligations of the parties hereto shall be determined, in
accordance with the laws of the State of New Jersey.
AGREED: _______________________ AGREED: VENDOR
BY:____________________________ By:___________________
NAME:__________________________ NAME:_________________
TITLE:_________________________ TITLE:________________
DATE:__________________________ DATE:_________________
FOR:
_______________________________
FOR:
_______________________________
EXHIBIT A
Annual All Inclusive
Contractor to provide prices for the annual maintenance of the
equipment listed equipment listed below:
Equipment
Maintenance Pricing
EXHIBIT B
TIME AND MATERIAL/HOURLY MAINTENANCE AND REPAIR SERVICES
Service performed between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday is billable at $____ per hour.
Service performed between the hours of 5:01 p.m. and 7:59 a.m. Monday
through Friday including all day Saturday is billable at $______ per
hour.
Service performed all day Sunday and Holidays is billable at $______
per hour.
Service performed for Emergency Service Calls which is within
________hours of notification by the Using Agency is billable at
________ per hour.
Service performed at times other than those specified above is
billable at $____ per hour.
EXHIBIT C
SOFTWARE PRODUCT SCHEDULE
This schedule will be affixed to and become a part of Agreement for
Equipment and Software Maintenance Agreement _______ signed by
________________ and by the Using Agency.
The Using Agency shall be licensed to use the described Software on
the computers stated below. This use shall be governed by terms and
conditions as stated in the License and Maintenance Agreement signed
with the Using Agency. The Software listed below may be procured for
use on additional computers by paying the incremental charge then in
effect. In the event that this schedule conflicts with previous
schedules, the most current schedule will control.
SITE 1
SOFTWARE
DESCRIPTION PRICE
NO. OF COPIES
Price valid through ________________.
Customer shall agree to pay ____________ upon execution of this
schedule the total sum of $_______________________ dollars.
ACCEPTED ACCEPTED
Ordering Agency _____________________________
by:_____________________________ by:__________________________
________________________________ ____________________________
(Name) (Title) (Name) (Title)
________________________________ _____________________________
(Date) (Date)
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