12 X 22195RFP

Request for Proposal 12-X-22195
For: 700MHz LTE Wireless Broadband

Public Safety Network

Event Date Time
Bidders Electronic Question Due Date
(Refer to RFP Section 1.3.1 for more information.)
8/04/2011 5:00 PM
Mandatory/Optional Pre-Bid Conference
N/A N/A
Mandatory/Optional Site Visit

N/A

N/A
Bid Submission Due Date
9/01/2011 2:00 PM
Dates are subject to change. All changes will be reflected in Addenda to the RFP posted on the
Division of Purchase and Property website.

Small Business
Set-Aside
Status
Not Applicable
Entire Contract
Partial Contract
Subcontracting Only
Category
I
II
III
RFP Issued By Using Agency
State of New Jersey State of New Jersey
Department of the Treasury Office of Information Technology
Division of Purchase and Property
Trenton, New Jersey 08625-0230

Date: July 7, 2011
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Table of Contents
1.0 INFORMATION FOR BIDDERS..................................................................................................................................................... 6
1.1 PURPOSE AND INTENT .......................................................................................................................................................... 6
1.2 BACKGROUND......................................................................................................................................................................... 6
1.2.1 UASI PROGRAM BACKGROUND.................................................................................................................................... 7
1.3 KEY EVENTS............................................................................................................................................................................ 7
1.3.1 ELECTRONIC QUESTION AND ANSWER PERIOD ....................................................................................................... 7
1.3.2 SUBMISSION OF BID PROPOSAL.................................................................................................................................. 8
1.3.3 ELECTRONIC BIDDING (EBID) ....................................................................................................................................... 8
1.3.4 MANDATORY/OPTIONAL SITE VISIT ............................................................................................................................. 9
1.3.5 MANDATORY/OPTIONAL PRE-BID CONFERENCE ..................................................................................................... 9
1.4 ADDITIONAL INFORMATION................................................................................................................................................... 9
1.4.1 ADDENDA: REVISIONS TO THIS RFP............................................................................................................................ 9
1.4.2 BIDDER RESPONSIBILITY.............................................................................................................................................. 9
1.4.3 COST LIABILITY............................................................................................................................................................... 9
1.4.4 CONTENTS OF BID PROPOSAL..................................................................................................................................... 9
1.4.5 BID OPENING................................................................................................................................................................. 10
1.4.6 PRICE ALTERATION...................................................................................................................................................... 10
1.4.7 BID ERRORS.................................................................................................................................................................. 10
1.4.8 JOINT VENTURE............................................................................................................................................................ 11
1.4.9 RECIPROCITY FOR JURISDICTIONAL BIDDER PREFERENCE ................................................................................ 11
2.0 DEFINITIONS............................................................................................................................................................................... 12
2.1 GENERAL DEFINITIONS........................................................................................................................................................ 12
2.2 CONTRACT-SPECIFIC DEFINITIONS................................................................................................................................... 13
3.0 SCOPE OF WORK....................................................................................................................................................................... 17
3.1 PROJECT PLAN ..................................................................................................................................................................... 18
3.1.1 DETAILED DESIGN REVIEW......................................................................................................................................... 18
3.1.2 CONTRACT SCHEDULE................................................................................................................................................ 18
3.2 SYSTEM COMPONENTS AND SOFTWARE COMPATIBILITY AND INTEGRATION........................................................... 19
3.3 DISASTER RECOVERY CONSIDERATIONS........................................................................................................................ 20
3.4 700 MHZ PSI-BWN SPECIFICATIONS (LTE/EPC) ................................................................................................................ 20
3.4.1 GENERAL ....................................................................................................................................................................... 20
3.4.2 SYSTEM REQUIREMENTS............................................................................................................................................ 20
3.4.3 FUNCTIONAL REQUIREMENTS/FEATURES AND FUNCTIONALITY......................................................................... 24
3.4.4 NETWORK CONTROL/MANAGEMENT REQUIREMENTS........................................................................................... 24
3.5 BACKHAUL ............................................................................................................................................................................. 26
3.5.1 GENERAL ....................................................................................................................................................................... 26
3.5.2 DESIGN CONSIDERATIONS ......................................................................................................................................... 26
3.6 EQUIPMENT ........................................................................................................................................................................... 27
3.6.1 SITE LIGHTNING PROTECTION AND GROUND SYSTEM.......................................................................................... 27
3.6.2 SUBMITTAL OF REGULATORY LICENSES.................................................................................................................. 27
3.6.3 ANTENNA SYSTEMS..................................................................................................................................................... 28
3.6.4 SITE SELECTION AND CLASSIFICATION.................................................................................................................... 28
3.6.5 MOBILE DEVICES.......................................................................................................................................................... 28
3.6.6 LOCAL AND PRIVATE ENTITIES. ................................................................................................................................. 28
3.7 SHELTER REQUIREMENTS.................................................................................................................................................. 29
3.7.1 GENERAL ....................................................................................................................................................................... 29
3.7.2 STANDARDS AND CODES............................................................................................................................................ 29
3.7.3 SHELTER CAPACITY AND SIZE ................................................................................................................................... 29
3.7.4 SHELTER FOUNDATION AND FABRICATION ............................................................................................................. 29
3.7.5 DOORS........................................................................................................................................................................... 30
3.7.6 TRANSMISSION LINE ENTRIES ................................................................................................................................... 30
3.7.7 CABLE LADDERS........................................................................................................................................................... 30
3.7.8 SECURITY AND SAFETY SYSTEMS ............................................................................................................................ 30
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3.7.9 ELECTRICAL SYSTEMS................................................................................................................................................ 31
3.7.10 UNINTERRUPTIBLE POWER SUPPLY SYSTEM (UPS) ............................................................................................ 31
3.7.11 DELIVERY AND INSTALLATION ................................................................................................................................. 31
3.7.12 SHELTER GROUNDING PROTECTION SYSTEM...................................................................................................... 31
3.7.13 GENERATOR FUEL STORAGE SYSTEM................................................................................................................... 32
3.7.14 NATIONAL ENVIRONMENT PROTECTION ACT (NEPA) REQUIREMENTS............................................................. 32
3.7.15 FENCING...................................................................................................................................................................... 32
3.7.16 VEHICULAR BARRICADE GATE................................................................................................................................. 32
3.7.17 ACCESS ROAD............................................................................................................................................................ 32
3.7.18 UTILITY SERVICE ........................................................................................................................................................ 33
3.8 TESTING AND ACCEPTANCE............................................................................................................................................... 33
3.8.1 FACTORY TEST............................................................................................................................................................. 33
3.8.2 FIELD TESTING.............................................................................................................................................................. 33
3.8.3 BENCHMARK MEASUREMENT .................................................................................................................................... 34
3.8.4 SITE INSPECTIONS AND TESTING.............................................................................................................................. 34
3.8.5 ACCEPTANCE................................................................................................................................................................ 34
3.8.6 TEST PLANS .................................................................................................................................................................. 34
3.8.7 TESTING DOCUMENTATION........................................................................................................................................ 35
3.8.8 TESTING CHECKLIST(S)............................................................................................................................................... 35
3.8.9 PUNCHLISTS.................................................................................................................................................................. 35
3.8.10 MOBILE COVERAGE TEST POINTS AND ROUTES.................................................................................................. 36
3.8.11 MODIFIED GRID TEST................................................................................................................................................. 36
3.8.12 TESTING AND ACCEPTANCE MILESTONES ............................................................................................................ 36
3.9 WARRANTY............................................................................................................................................................................ 37
3.9.1 MAINTENANCE AND INSPECTION PROGRAM 2 YEAR WARRANTY PERIOD (M&IP2WP) .................................. 38
3.9.2 OPERATIONS PROGRAM 2 YEAR WARRANTY PERIOD (OP2YWP) ..................................................................... 38
3.9.3 MAINTENANCE AND INSPECTION PROGRAM POST WARRANTY PERIOD (M&IPPWP)..................................... 38
3.9.4 OPERATIONS PROGRAM POST WARRANTY PERIOD (OPPWP) .......................................................................... 38
3.10 TRAINING ............................................................................................................................................................................. 38
3.10.1 GENERAL ..................................................................................................................................................................... 39
3.10.2 TRAINING MATERIALS................................................................................................................................................ 39
3.10.3 TRAINING INSTRUCTORS .......................................................................................................................................... 39
3.10.4 TYPES AND AREAS OF TRAINING............................................................................................................................. 39
3.10.5 TRAINING BY STATE TRAINERS AFTER SYSTEM ACCEPTANCE ......................................................................... 39
3.10.6 SCHEDULING............................................................................................................................................................... 39
3.10.7 ACCOUNTABILITY....................................................................................................................................................... 40
3.10.8 TRAINING COURSE DESCRIPTIONS......................................................................................................................... 40
3.11 PAYMENT ............................................................................................................................................................................. 40
4.0 BID PROPOSAL PREPARATION AND SUBMISSION............................................................................................................... 42
4.1 GENERAL ............................................................................................................................................................................... 42
4.2 BID PROPOSAL DELIVERY AND IDENTIFICATION............................................................................................................. 42
4.3 EBID VS NON-EBID SUBMISSION INSTRUCTION............................................................................................................... 42
4.3.1 EBID SUBMISSION OF BID PROPOSAL....................................................................................................................... 42
4.3.2 NON-EBID SUBMISSION............................................................................................................................................... 42
4.4 BID PROPOSAL CONTENT ................................................................................................................................................... 43
4.4.1 FORMS REQUIRED WITH BID PROPOSAL ................................................................................................................. 43
4.4.2 FORMS REQUIRED BEFORE CONTRACT AWARD AND THAT SHOULD BE SUBMITTED WITH THE BID
PROPOSAL.............................................................................................................................................................................. 45
4.4.3 TECHNICAL PROPOSAL ............................................................................................................................................... 46
4.4.4 ORGANIZATIONAL SUPPORT AND EXPERIENCE ..................................................................................................... 48
4.4.5 DISASTER RECOVERY PLAN (DRP)............................................................................................................................ 50
4.4.6 TECHNOLOGY ROAD MAP........................................................................................................................................... 50
4.4.7 SYSTEM PROPAGATION ANALYSIS............................................................................................................................ 51
4.4.8 FCC SPECTRUM FREQUENNCY REQUIREMENTS.................................................................................................... 51
4.4.9 BIDDER PROPOSED NEW SITES................................................................................................................................. 51
4.4.10 WARRANTY.................................................................................................................................................................. 51
4.4.11 PRICE SCHEDULE....................................................................................................................................................... 52
5.0 SPECIAL CONTRACTUAL TERMS AND CONDITIONS............................................................................................................ 54
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5.1 PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS........................................................................ 54
5.2 CONTRACT TERM AND EXTENSION OPTION .................................................................................................................... 54
5.3 CONTRACT TRANSITION...................................................................................................................................................... 54
5.4 CONTRACT AMENDMENT .................................................................................................................................................... 54
5.5 CONTRACTOR RESPONSIBILITIES ..................................................................................................................................... 54
5.6 SUBSTITUTION OF STAFF.................................................................................................................................................... 55
5.7 SUBSTITUTION OR ADDITION OF SUBCONTRACTOR(S) ................................................................................................. 55
5.8 OWNERSHIP OF MATERIAL ................................................................................................................................................. 55
5.9 SECURITY AND CONFIDENTIALITY..................................................................................................................................... 56
5.9.1 DATA CONFIDENTIALITY.............................................................................................................................................. 56
5.9.2 SECURITY STANDARDS............................................................................................................................................... 56
5.9.3 SECURITY PLAN............................................................................................................................................................ 58
5.10 NEWS RELEASES................................................................................................................................................................ 60
5.11 ADVERTISING...................................................................................................................................................................... 60
5.12 LICENSES AND PERMITS ................................................................................................................................................... 60
5.13 CLAIMS AND REMEDIES..................................................................................................................................................... 60
5.13.1 CLAIMS......................................................................................................................................................................... 60
5.13.2 REMEDIES.................................................................................................................................................................... 60
5.13.3 REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL CONTRACT REQUIREMENTS..................................... 60
5.14 LATE DELIVERY................................................................................................................................................................... 60
5.15 RETAINAGE.......................................................................................................................................................................... 60
5.16 STATE'S OPTION TO REDUCE SCOPE OF WORK........................................................................................................... 61
5.17 SUSPENSION OF WORK..................................................................................................................................................... 61
5.18 CHANGE IN LAW.................................................................................................................................................................. 61
5.19 CONTRACT PRICE INCREASE (PREVAILING WAGE) ...................................................................................................... 61
5.20 PUBLIC WORKS CONTRACT-ADDITIONAL AFFIRMATIVE ACTION REQUIREMENT .................................................... 61
5.21 ADDITIONAL WORK AND/OR SPECIAL PRODUCTS ........................................................................................................ 62
5.22 FORM OF COMPENSATION AND PAYMENT..................................................................................................................... 63
5.22.1 PAYMENT TO CONTRACTOR OPTIONAL METHOD.............................................................................................. 63
5.23 MODIFICATIONS AND CHANGES TO THE NJ STANDARD TERMS AND CONDITIONS VERSION 05/13/10 ................ 64
5.23.1 PATENT AND COPYRIGHT INDEMNITY .................................................................................................................... 64
5.23.2 INDEMNIFICATION ...................................................................................................................................................... 64
5.23.3 INSURANCE - PROFESSIONAL LIABILITY INSURANCE .......................................................................................... 65
5.24 CONTRACT ACTIVITY REPORT ......................................................................................................................................... 65
5.25 MACBRIDE PRINCIPLES CERTIFICATION...................................................................................................................... 66
6.0 PROPOSAL EVALUATION ......................................................................................................................................................... 67
6.1 RIGHT TO WAIVE................................................................................................................................................................... 67
6.2 PROPOSAL EVALUATION COMMITTEE .............................................................................................................................. 67
6.3 ORAL PRESENTATION AND/OR CLARIFICATION OF BID PROPOSAL............................................................................. 67
6.4 EVALUATION CRITERIA........................................................................................................................................................ 67
6.4.1 TECHNICAL EVALUATION CRITERIA .......................................................................................................................... 68
6.4.2 BIDDERS PRICE SCHEDULE....................................................................................................................................... 68
6.4.3 TOTAL PROPOSAL SCORE.......................................................................................................................................... 68
6.4.4 BID DISCREPANCIES.................................................................................................................................................... 68
6.4.5 EVALUATION OF THE BID PROPOSALS ..................................................................................................................... 69
6.5 NEGOTIATION AND BEST AND FINAL OFFER (BAFO)....................................................................................................... 69
7.0 CONTRACT AWARD................................................................................................................................................................... 71
7.1 DOCUMENTS REQUIRED BEFORE CONTRACT AWARD .................................................................................................. 71
7.1.1 REQUIREMENTS OF PUBLIC LAW 2005, CHAPTER 51, N.J.S.A. 19:44A-20.13-25 (FORMERLY EXECUTIVE
ORDER 134) AND EXECUTIVE ORDER 117 (2008).............................................................................................................. 71
7.1.2 SOURCE DISCLOSURE REQUIREMENTS................................................................................................................... 73
7.1.3 AFFIRMATIVE ACTION................................................................................................................................................. 74
7.1.4 BUSINESS REGISTRATION......................................................................................................................................... 74
7.2 FINAL CONTRACT AWARD................................................................................................................................................... 74
7.3 INSURANCE CERTIFICATES ................................................................................................................................................ 74
7.4 PERFORMANCE BOND ......................................................................................................................................................... 74
8.0 CONTRACT ADMINISTRATION.................................................................................................................................................. 76
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8.1 CONTRACT MANAGER ......................................................................................................................................................... 76
8.1.1 STATE CONTRACT MANAGER RESPONSIBILITIES................................................................................................... 76
8.1.2 COORDINATION WITH THE STATE CONTRACT MANAGER..................................................................................... 76
9.0 SPECIAL CONTRACT REQUIREMENTS RELATING TO WORK FUNDED UNDER THE AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 (ARRA)........................................................................................................................................... 77
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1.0 INFORMATION FOR BIDDERS
1.1 PURPOSE AND INTENT
This Request for Proposal (RFP) is issued by the Purchase Bureau, Division of Purchase and
Property, Department of the Treasury on behalf of the Office of Information Technology. The
purpose of this RFP is to solicit bid proposals for construction of a Band 14 - 700 MHz public
safety LTE broadband network.
The intent of this RFP is to award a contract to that responsible bidder whose bid proposal,
conforming to this RFP is most advantageous to the State, price and other factors considered.
The State, however, reserves the right to separately procure individual requirements that are the
subject of the contract during the contract term, when deemed by the Director to be in the States
best interest.
The NJ Standard Terms and Conditions version 05/13/10 will apply to all contracts or purchase
agreements made with the State of New Jersey. These terms are in addition to the terms and
conditions set forth in this RFP and should be read in conjunction with them unless the RFP
specifically indicates otherwise.
IMPORTANT NOTE: CONFIDENTIALITY AGREEMENT: The information contained in the
tower sites spreadsheet included as Exhibit B is confidential. Responding to this RFP will
require the completion of the Confidentiality Agreement attached to this RFP and posted
on the website as Attachment 1. The list of potential tower sites across the UASI area is
confidential and may not be released for public information and is not included in this
document. Each bidder that anticipates responding to this RFP must complete and return
the attached Confidentiality Agreement (Attachment 1). When submitting the
Confidentiality Agreement via mail, the bidder should submit a stamped, self-addressed
envelope or other prepaid and completed delivery mechanism for the State to use when
forwarding the tower sites spreadsheet (27 page legal size document). Confidentiality
Agreements should be mailed to Division of Purchase and Property, 33 W. State Street, PO
Box 230, Trenton, NJ Attn: Kevin Moore. Failure to submit the return envelope may result
in the bidder not receiving a tower sites spreadsheet and therefore being ineligible to
submit a proposal.
1.2 BACKGROUND
The State of New Jersey was granted a waiver by the FCC on May 11, 2010 to use the 700 MHz
public safety broadband spectrum, (763-768 MHz and 793-798 MHz) subject to the requirements
established in Federal Communications Commissions (FCC) Order in PS Docket 06-229
(http://www.fcc.gov/rulemaking/06-229/documents), adopted on May 11, 2010 (FCC 10-79)
(http://www.fcc.gov/rulemaking/06-229/documents). Additional guidance was adopted on
December 10
th
with FCC order DA10-2342
(http://transition.fcc.gov/Document_Indexes/PSHSB/2010_index_PSHSB_Order.html) .
On August 1, 2010 The State of New Jersey was awarded a $39 million grant from the National
Telecommunication Information Administration`s (NTIA) Broadband Technology Opportunities
Program (BTOP) (http://www2.ntia.doc.gov/) to support the construction of a wireless public
safety network in the Northern New Jersey Urban Area Security Initiative (UASI) region of the
State. The New Jersey Office of Information Technology (OIT) is managing the network build out.
The funds will support network build out (including equipment and labor) and State administrative
costs.
7
It is the States intention to construct a Band Band 14 - 700 MHz Public Safety Interoperable
Broadband Wireless Network (700 MHz-PSI-BWN) or Evolved Packed System (EPS) that will
satisfy the technical requirements that the FCC and the Public Safety Broadband Licensee
(PSBL) (http://www.psst.org/network.jsp) have specified to date and those they may adopt for the
national network. Bidder proposals must be in full compliance with all conditions of the FCC
waiver including any and all FCC Orders until the time of system acceptance. The States
broadband network will be designed and built to be fully interoperable with the future national
network to be constructed by the PSBL. Authorized users of the national network will be able to
roam seamlessly into the New Jersey LTE Public Safety network.
The 700 MHz PSI-BWN (or EPS) will consist of a LTE/RAN initially deployed in the NJ UASI
Region; and the EPC/Core Network deployed to handle public safety communications traffic
within the UASI region. The State wants the network is to be engineered and designed with
scalability in mind to handle public safety communications traffic throughout New Jersey and
possibly Northeast states. It is envisioned that a carefully engineered single Core Network in the
Northeast could be shared with the neighboring states (e.g. Connecticut, Maine, Massachusetts,
New Hampshire, Rhode Island, Vermont, New York, Delaware, District of Columbia, Maryland,
Pennsylvania, Virginia and W. Virginia, etc [Exhibit C] or, even large cities in FEMA regions I, II,
and III. State envisions forming an Alliance of these States as shown in Exhibit C. In this scenario
the Core Network would be leased by the Alliance.
It is the StateS intention to build LTE/RANs in other counties of New Jersey with similar grants in
the future. The State reserves the right to expand the scope of work related to this RFP to other
counties beyond the UASI district within New Jersey. Further, it is assumed that each
Northeastern state will build out its own LTE/RANs. The EPC/Core Network built for the State of
New Jersey will have the scalability to become the Core for all 4G/LTE public safety
communications for the Northeast.
To that end, OIT is seeking product and services proposals for a 700 MHz PSI-BWN from
qualified respondents to help the State achieve its vision and goals.
1.2.1 UASI PROGRAM BACKGROUND
The UASI program was established through the Office of Homeland Security and focuses on
enhancing regional preparedness in major metropolitan areas. The Northern New Jersey UASI
Region consists of seven counties: Bergen, Passaic, Morris, Hudson, Essex, Union, and
Middlesex. The UASI Region is a partnership among state, county, local governments and
agencies. It is a program to enhance homeland security and domestic preparedness in the State's
most densely populated region. The UASI Region is designed to set a strategic direction for the
enhancement of regional response capability and capacity for all disciplines including Office of
Emergency Management (OEM), police, fire, Emergency Medical Services (EMS), and health.
Through federal grant funding, the UASI Region is tasked to reduce area vulnerability by
strengthening the cycle of response and by ensuring that potential targets are identified, assessed
and protected.
Northern NJ is one of six Tier 1 Urban Regions considered at greater risk of terrorist attack. The
area covers 1,487 square miles with a population of 4,500,000 and represents only 15% of New
Jersey's total area but more than 44% of the State's total population. In addition, the area includes
core elements of transportation infrastructure, chemical manufacturing and other critical facilities.
1.3 KEY EVENTS
1.3.1 ELECTRONIC QUESTION AND ANSWER PERIOD
8
The Purchase Bureau will electronically accept questions and inquiries from all potential bidders
via the web at http://ebid.nj.gov/QA.aspx.
Questions should be directly tied to the RFP and asked in consecutive order, from beginning to
end, following the organization of the RFP. Each question should begin by referencing the RFP
page number and section number to which it relates.
Bidders must not contact the Using Agency directly, in person, by telephone or by email,
concerning this RFP.
The cut-off date for electronic questions and inquiries relating to this RFP is indicated on the
cover sheet. Addenda to this RFP, if any, will be posted on the Purchase Bureau website after
the cut-off date. (See RFP Section 1.4.1 for further information.)
1.3.2 SUBMISSION OF BID PROPOSAL
In order to be considered for award, the bid proposal must be received by the Purchase Bureau
of the Division of Purchase and Property at the appropriate location by the required time. ANY
BID PROPOSAL NOT RECEIVED ON TIME AT THE LOCATION INDICATED BELOW WILL
BE REJECTED. THE DATE AND TIME IS INDICATED ON THE COVER SHEET. THE
LOCATION IS AS FOLLOWS:
BID RECEIVING ROOM 9TH FLOOR
PURCHASE BUREAU
DIVISION OF PURCHASE AND PROPERTY
DEPARTMENT OF THE TREASURY
33 WEST STATE STREET, P.O. BOX 230
TRENTON, NJ 08625-0230
Directions to the Purchase Bureau are available on the web at
http://www.state.nj.us/treasury/purchase/directions.shtml.
Note: Bidders using U.S. Postal Service regular or express mail services should allow additional
time since the U.S. Postal Service does not deliver directly to the Purchase Bureau.
Procedural inquiries concerning this RFP may be directed to RFP.procedures@treas.state.nj.us.
The State will not respond to substantive questions related to the RFP or any other contract via
this e-mail address.
1.3.3 ELECTRONIC BIDDING (EBID)
The Division is pleased to announce its electronic procurement modernization process. This RFP
provides to the bidder the opportunity to electronically submit its bid proposal. A new electronic
bidding eBid application is being made available to vendors to promote an easier, more
efficient method to submit bid proposals. The State thanks the bidder in advance for its
anticipated participation.
Instructor-led and online training sessions are available, as explained below. In the next several
months, the Division will be moving to eBid-only submissions, i.e., paper proposals will no longer
be accepted by the Division. It is strongly recommended that all bidders attend an instructor-led
training session prior to the scheduled bid opening date and at least once before attempting to
9
submit an eBid. It will be the bidders responsibility to ensure that the eBid has been properly
submitted.
On-line Training Sessions:
Online training for the eBid process is available on the web at
http://www.state.nj.us/treasury/purchase/index.shtml. The bidder is strongly encouraged to utilize
the on-line training session before attempting to submit an eBid. It will be the bidders
responsibility to ensure that the eBid has been properly submitted.
1.3.4 MANDATORY/OPTIONAL SITE VISIT
Not applicable to this procurement.
1.3.5 MANDATORY/OPTIONAL PRE-BID CONFERENCE
1.4 ADDITIONAL INFORMATION
1.4.1 ADDENDA: REVISIONS TO THIS RFP
In the event that it becomes necessary to clarify or revise this RFP, such clarification or revision
will be by addendum. Any addendum to this RFP will become part of this RFP and part of any
contract awarded as a result of this RFP.
ALL RFP ADDENDA WILL BE ISSUED ON THE DIVISION OF PURCHASE AND PROPERTY
WEB SITE. TO ACCESS ADDENDA, THE BIDDER MUST SELECT THE BID NUMBER ON
THE WEB PAGE AT http://www.state.nj.us/treasury/purchase/bid/summary/bid.shtml.
There are no designated dates for release of addenda. Therefore interested bidders should
check the Purchase Bureau "Bidding Opportunities" website on a daily basis from time of RFP
issuance through bid opening.
It is the sole responsibility of the bidder to be knowledgeable of all addenda related to this
procurement.
1.4.2 BIDDER RESPONSIBILITY
The bidder assumes sole responsibility for the complete effort required in submitting a bid
proposal in response to this RFP. No special consideration will be given after bid proposals are
opened because of a bidder's failure to be knowledgeable as to all of the requirements of this
RFP.
1.4.3 COST LIABILITY
The State assumes no responsibility and bears no liability for costs incurred by a bidder in the
preparation and submittal of a bid proposal in response to this RFP.
1.4.4 CONTENTS OF BID PROPOSAL
A bidder may designate specific information as not subject to disclosure when the bidder has a
good faith legal/factual basis for such assertion. The State reserves the right to make the
determination and will advise the bidder accordingly. The location in the bid proposal of any
10
such designation should be clearly stated in a cover letter. The State will not honor any
attempt by a bidder either to designate its entire bid proposal as proprietary and/or to
claim copyright protection for its entire proposal. In the event of any challenge to the
bidders designation of confidential/proprietary materials, the bidder shall be solely responsible
for defending its designation and the State shall have no responsibility therefor.
By signing the cover sheet of this RFP, the bidder waives any claims of copyright protection set
forth within the manufacturer's price list and/or catalogs. The price lists and/or catalogs must be
accessible to State using agencies and cooperative purchasing partners and thus have to be
made public to allow all eligible purchasing entities access to the pricing information.
All bid proposals, with the exception of information determined by the State or the Court to be
proprietary, are available for public inspection after the Letter of Intent to Award is issued. At
such time, interested parties can make an appointment with the Purchase Bureau to inspect bid
proposals received in response to this RFP.
1.4.5 BID OPENING
On the date and time bid proposals are due under the RFP, all information concerning the bid
proposals submitted may be publicly announced and those bid proposals, except for information
appropriately designated as confidential, shall be available for inspection and copying. In those
cases where negotiation is contemplated, only the names and addresses of the bidders
submitting bid proposals will be announced and the contents of the bid proposals shall remain
confidential until the Notice of Intent to Award is issued by the Director.
1.4.6 PRICE ALTERATION
Bid 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 ERRORS
In accordance with N.J.A.C. 17:12-1.11, Bid Errors, a bidder may withdraw its bid as described
below.
A bidder may request that its bid be withdrawn prior to bid opening. Such request must be
made, in writing, to the Supervisor of the Business Unit. If the request is granted, the bidder may
submit a revised bid as long as the bid is received prior to the announced date and time for bid
opening and at the place specified.
If, after bid 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 bidders 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 bidders exercise of reasonable care; and that the
State will not be significantly prejudiced by granting the withdrawal of the proposal. Note: A PB-
36 complaint form may be filed and forwarded to the Divisions Contract Compliance and Audit
Unit for handling. A record of the complaint will also be maintained in the Divisions vendor
performance file for evaluation of future bids submitted.
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All bid withdrawal requests must include the bid identification number and the final bid opening
date and sent to the following address:
Department of the Treasury
Purchase Bureau
PO Box 230
33 West State Street 9
th
Floor
Trenton, New Jersey 08625-0230
Attention: Supervisor, Bid Review Unit
If during a bid 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 bid 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 bidders intention is not
readily discernible from other parts of the bid proposal, the Director may seek clarification from
the bidder to ascertain the true intent of the bid.
1.4.8 JOINT VENTURE
If a joint venture is submitting a bid proposal, the agreement between the parties relating to such
joint venture should be submitted with the joint ventures bid proposal. Authorized signatories
from each party comprising the joint venture must sign the bid proposal. A separate Ownership
Disclosure Form, Disclosure of Investigations and Actions Involving Bidder, 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 4.4.2.2 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 bid
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 bid proposal or submit it to the Director, Division of Purchase and Property within five (5)
working days of the public bid opening. Written evidence for a specific procurement that is not
provided to the Director within five (5) working days of the public bid opening will not be
considered in the evaluation of that procurement, but will be retained and considered in the
evaluation of subsequent procurements.
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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 Purchase Bureau.
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 bid proposal in response to this RFP.
Contract This RFP, any addendum to this RFP, and the bidders 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 bid
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 (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.
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 bid 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 bid proposal as materially non-responsive.
Should Denotes that which is recommended, not mandatory.
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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.
State State of New Jersey.
Subcontractor An entity having an arrangement with a State contractor, where 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
3GPP 3
rd
Generation Partnership Project is a collaboration between groups of
telecommunications associations, to make a globally applicable third-generation (3G) mobile
phone system specification within the scope of the International Mobile Telecommunications-2000
project of the International Telecommunication Union (ITU). 3GPP specifications are based on
evolved Global System for Mobile Communications (GSM) specifications. 3GPP standardization
encompasses Radio, Core Network and Service architecture.
700 Mhz PSI-BWN 700 MHz Public Safety Interoperable Broadband Wireless Network or EPS
Both LTE and EPC are also collectively referred to as 700 MHz PSI-BWN or Evolved Packet
System
ACR - Area Coverage Reliability or Signal Reliability
ASR - Antenna Structure Registration form required for all licensees using a registered antenna
structure
BTOP - Broadband Technology Opportunity Program - The American Recovery and
Reinvestment Act provided the Department of Commerces National Telecommunications and
Information Administration (NTIA) and the U.S. Department of Agricultures Rural Utilities Service
(RUS) with $7.2 billion to expand access to broadband services in the United States. Of those
funds, the Act provided $4.7 billion to NTIA to support the deployment of broadband
infrastructure, enhance and expand public computer centers, encourage sustainable adoption of
broadband service, and develop and maintain a nationwide public map of broadband service
capability and availability.
CUG Closed User Group are groups of subscribers who can only make calls and receive calls
from members within the group
DRP Disaster Recovery Plan describes how vendor proposes to deal with potential disasters
EMS Emergency Medical Services are a type of emergency service dedicated to providing out-
of-hospital acute medical care and/or transport to definitive care, to patients with illnesses and
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injuries which the patient, or the medical practitioner, believes constitutes a medical emergency.
The use of the term emergency medical services may refer solely to the pre-hospital element of
the care, or be part of an integrated system of care, including the main care provider, such as a
hospital. Emergency medical services may also be locally known as: first aid squad, emergency
squad, rescue squad, ambulance squad, ambulance service, ambulance corps or life squad.
EPC Evolved Packet Core or Core is the IP-based core network defined by 3GPP in Rel-8
standards for use by LTE and other access technologies. The goal of EPC is to provide
simplified all-IP core network architecture to efficiently give access to various services.
EPS Evolved Packet System or 700 MHz PSI-BWN - Both LTE and EPC are also collectively
called Evolved Packet System or EPS
EV-DO Evolution-Data Optimized A 3G digital service provided by CDMA cellular carriers.In
the U.S. EV-DO works on EV-DO cellphones as well as laptops and portable devices that have
EV-DO modems. Part of the CDMA2000 standards, EV-DO users have experienced data rates
up to 800 Kbps typically with more latency than DSL and cable service. EV-DO is also known as
"1xEV-DO."
FAA Federal Aviation Administration is an agency of the United States Department of
Transportation with authority to regulate and oversee all aspects of civil aviation in the U.S
FCC Federal Communications Commission is an independent United States government
Agency. The FCC was established by the Communications Act of 1934 and is charged with
regulating interstate and international communications by radio, television, wire, satellite and
cable. The FCC's jurisdiction covers the 50 states, the District of Columbia, and U.S.
possessions.
FEMA Federal Emergency Management Agency coordinates the federal government's role in
preparing for, preventing, mitigating the effects of, responding to, and recovering from all
domestic disasters, whether natural or man-made, including acts of terror.
GERAN GSM Radion Access Network consists of Base Transceiver Stations and Base Station
Controllers. Its purpose is to manage the radio link between mobile phones and a
telecommunication core network. This access network provides access to both Circuit switched
(CS) and Packet switched (PS) core networks.
GSM Global System for Mobile Communications is a digital mobile telephone system that is
widely used in Europe and other parts of the world. GSM uses a variation of Time Division
Multiple Access (TDMA) and is the most widely used of the three digital wireless telephone
technologies (TDMA, GSM, and CDMA). GSM digitizes and compresses data, then sends it
down a channel with two other streams of user data, each in its own time slot. It operates at
either the 900 MHz or 1,800 MHz frequency band
Gx - Reference point between a PCRF and a PCEF
Gy - Online charging reference point between a PCEF and an OCS
Gz - Offline charging reference point between a PCEF and a CGF
LTE Long Term Evolution The next-generation 4G technology for both GSM and CDMA
cellular carriers. Approved in 2008 with download speeds up to 173 Mbps, LTE was defined by
the 3G Partnership Project in the 3GPP Release 8 specification.
15
MME Mobility Management Entity is the key control-node for the LTE access-network. It is
responsible for idle mode UE (User Equipment) tracking and paging procedure including
retransmissions.
NTIA National Telecommunications Information Administration is an agency of the United
States Department of Commerce that serves as the President's principal adviser on
telecommunications policies pertaining to the United States' economic and technological
advancement and to regulation of the telecommunications industry.
OEM Office of Emergency Management is an agency at the state and local and federal levels
that hold responsibility of comprehensively planning for and responding to all manner of
disasters, whether man-made or natural.
PDN-GW Packet Data Network Gateway is a device that provides connectivity from user to
services.
RAN Radio Access Network is part of a mobile Telecommunication system. It implements a
radio access technology. Conceptually, it sits between the Mobile phone, and the core network
(CN). The mobile phone is varyingly known as user equipment (UE), terminal equipment, mobile
station (MS).
Rx - Reference point between the PCRF and an AF.
S1-MME - Reference point for the control plane protocol between E-UTRAN and MME.
S1-U - Reference point between E-UTRAN and S-GW for the per bearer user plane tunnelling
and inter eNodeB path switching during handover.
S5 - It provides user plane tunnelling and tunnel management between Serving GW and PDN
GW. It is used for S-GW relocation due to UE mobility and in case the S-GW needs to connect to
a non collocated PDN GW for the required PDN connectivity.
S6a - This interface is defined between MME and HSS for authentication and authorization.
S8 Visited SGW to Home PGW
S9 - Indicates the roaming variant of the S7 reference point for the enforcement in the VPLMN of
dynamic control policies from the HPLMN.
S10 Reference point between MMEs for MME relocation and MME to MME information transfer.
S11 - Reference point between MME and S-GW.
SGi - Reference point between the PDN Gateway and the packet data network. Packet data
network may be an operator external public or private packet data network or an intra operator
packet data network, e.g. for provision of IMS services. This reference point corresponds to Gi
and Wi functionalities and supports any 3GPP and non-3GPP access systems.
SOW Site on Wheels is a mobile cell site that consists of a cellular antenna tower and
electronic radio transceiver equipment on a truck or trailer, designed to be part of a cellular
network
UASI Urban Area Security Iniative program established through the Office of Homeland
Security that focuses on enhancing regional preparedness in major metropolitan areas
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UE User Equipment is any device used directly by an end-user to communicate. It can be a
hand-held telephone, a laptop computer equipped with mobile broadband adapter, or any other
device. It connects to the base station ("Node B", or 3G Base Transceiver Station) as specified in
the ETSI and 3GPP 25-series of specifications. It roughly corresponds to the mobile station in
GSM systems.
UTRAN Universal Terristrial Radio Access Network is a collective term for the Node B's and
Radio Network Controllers which make up the UMTS radio access network. This
communications network, commonly referred to as 3G (for 3rd Generation Wireless Mobile
Communication Technology)
Uu LTE air interface used for the radio transmission between base station and mobile units in a
wireless network. It is the wireless counterpart of the physical layer 1 in the OSI model
VoIP Voice Over IP is one of a family of internet technologies, communication protocols, and
transmission technologies for delivery of voice communications and multimedia sessions over
Internet Protocol (IP) networks, such as the Internet.
X2 eNodeB to eNodeB
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3.0 SCOPE OF WORK
The Contractor shall construct a Band 14 - 700 MHz Public Safety Interoperable Broadband
Wireless Network (700 MHz-PSI-BWN) or Evolved Packed System (EPS) hereinafter referred to
as the System. The System shall satisfy all requirements the FCC and the Public Safety
Broadband Licensee (PSBL) have specified to date and those they may adopt for the national
interoperable network. The completed System must be in full compliance with all conditions of the
FCC waiver including any and all FCC Orders until the time of System acceptance. The States
broadband System shall be designed and built to be fully interoperable with the future national
network to be constructed by the PSBL. Authorized users of the national network must be able to
roam seamlessly into the New Jersey LTE Public Safety network. The BTOP funded System has
two major components:
(1) Radio Access Network (RAN); and,
(2) Long Term Evolution (LTE) Core
The Contractor shall have complete responsibility for engineering, furnishing, licensing, and
installing the 700 MHz-PSI-BWN. The contractor shall be responsible for system performance,
including a guarantee of coverage; installation of System equipment; identification, selection and
development of network sites, communication center interface equipment, transport backbone
equipment, optimization of the LTE infrastructure and transport backbone; and the training of
System users, network administrators, and maintenance personnel.The contractor must complete
and pass all acceptance tests of System components software and equipment to the satisfaction
of the State.
The Contractor shall construct a complete and fully operational system that meets or exceeds the
specifications herein. If the Contractors system as installed does not meet the technical
requirements of this solicitation and any resulting contract, all additions or modifications required
to meet those technical requirements to the satisfaction of the State shall be at the sole expense
of the Contractor.
This Request for Proposal (RFP) is divided into two parts:
(a) Design, Build and Manage Radio Access Network (RAN) only based on 700 MHz LTE,
for the UASI Region of the State of New Jersey. The RAN will be for Public Safety entities
and it must be Interoperable with existing/legacy public safety networks. The project
design must consider future RAN extension in the entire State. The State has identified an
inventory of suitable government owned tower sites located throughout the UASI
footprint (Exhibits A & B) (Exhibit B available only after signing confidentiality agreement).
A suitable tower is one the State believes to exhibit sufficient height and appears to have
the capability to accommodate the antenna components required by the system. The State
further identifed specific towers that have the potential to be connected to the States fiber
backbone to allow for backhaul to the Core. The design of the RAN networks should be
engineered to use these towers as aggregation points. The Contractor may identify
qualified alternate sites for RAN and/or RAN aggregation points where necessary to
achieve a 95% minimum coverage requirement.
(b) Design, Build, Manage and Operate a 3GPP LTE/SAE compliant Core Network (aka
Evolved Packet Core EPC) to handle the public safety traffic of the entire State of New
Jersey. Furthermore the Core Network must be scalable and designed in a way that it
could be shared among several Northeast and Mid Atlantic states in the future. Thus the
Core Network shall be capable of providing connectivity in a phased approach for:
1) Radio Access Networks, built initially for the UASI region of the State of New
Jersey;
2) Radio Access Networks, built for other sites in the State of New Jersey; and,
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3) Radio Access Networks, built by other Northeast and Atlantic States.
Upon System acceptance, the contractor shall provide maintenance and operation services as
requested by the State. The State, after the first five (5) years of maintenance and operation
services will decide if further renewals of the maintenance and operation services are required.
Upon notification to the Contractor no later than three months before the end of a maintenance
and operation period purchased under this contract, the State may elect not to purchase an
additional maintenance and operation renewal and therefore allow the contract to expire. The
contract shall not run longer than the term contained in Section 5.2 not including the allowable
extensions.
3.1 PROJECT PLAN
A phased design and implementation process shall be used in the deployment of the 700 MHz
PSI-BWN. A three-phased approach shall be undertaken by the Contractor. In general, the
phases for 700 MHZ PSI-BWN are as follows:
Phase 1: Hudson and Bergen Counties includes Radio Access Network(s) designed to backhaul
aggregation sites used for this geographic area.
Phase 2: Union and Middlesex Counties includes Radio Access Network(s) designed to
backhaul aggregation sites used for this geographic area.
Phase 3: Morris, Passaic and Essex Counties includes Radio Access Network(s) designed to
backhaul aggregation sites used for this geographic area.
Each of the phases shall be designed, deployed, tested, implemented, and commissioned as
standalone sub-system(s) of the 700 MHZ PSI-BWN. Network monitoring and control equipment
shall be furnished and installed keeping in view the future extension. The central control and
monitoring center shall be located at State of New Jersey facility (See Section 3.4.4.1).
3.1.1 DETAILED DESIGN REVIEW
Within each phase, the Contractor shall initiate a detailed design review process that includes the
development of a detailed design plan for each major component of the system (RAN and Core)
infrastructure, interoperability with existing/legacy public safety networks, backhaul, and facilities.
The Detail Design Process shall mean the process by which the Contractor and the State meet to
finalize the technical details of each phase. This process shall result in a Contractor developed
Detailed Design Plan (DDP) which must be approved by the State. At a minimum, the DDP shall
include, but not be limited to, radio frequency interference analysis, radio frequency coverage
review, microwave design review, RAN and EPC performance, compliance and interoperability,
results of the site acquisition process, site by site equipment review, final statement of work by
phase, equipment list revisions, and schedule adjustment for each phase.
The Contractor shall ensure that work progresses according to the approved DDP. A Critical Path
Method (CPM) based schedule/work plan including tasks, milestones, Work Breakdown Structure
(WBS), and task duration shall be developed and maintained by the Contractor using Microsoft
Project software. Contractor shall report progress on the project schedule bi-monthly, and submit
two paper reports (hard copies and electronic copy formatted as requested by the State) to the
States Contract Manager.
3.1.2 CONTRACT SCHEDULE
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Within one week of contract start-up, the Contractor shall update the proposed contract schedule
and submit it to the State Contract Manager for approval. The contractor shall continually update
the contract schedule over the term of the contract. Any changes to the schedule must be
approved by the State Contract Manager. Upon recognizing that the contract schedule cannot be
met, the Contractor shall immediately notify the State Contract Manager of the issue. The
contractor shall detail why the schedule cannot be met, what the impact of the delay is, and what
remedial action will necessary to get the contract back on schedule. At a minimum, the 700 MHZ
PSI-BWN schedule shall include the following activities and milestones.
Activity No. Activity Description
Overall
1. Contract execution
2. Phase 1, 2, and 3 site assessments (review/analysis of sites previously
assessed by 3
rd
party), acquisitions/purchase options (if any)
3. Construction Permits Process (if any)
4. Network (LTE RAN/CN) deployment
5. Backhaul Evaluation and deployment
6. Acceptance test
7. Phase acceptance milestones
8. System acceptance milestone
Per Phase
1. Notice to proceed
2. Detailed design review process
3. Submittals
4. Detailed design plan
5. Contract release (purchase order)
6. Site installations complete (all sites site development, antenna supporting
structures, equipment shelters)
7. Site inspections complete (all sites-site development, antenna supporting
structures, equipment shelters
8. Backhaul installation milestone
9. 700 MHz LTE RAN/EPC equipment installation milestone
10. 700 MHz LTE/EPC equipment integration milestone
11. Phase acceptance milestone
3.2 SYSTEM COMPONENTS AND SOFTWARE COMPATIBILITY AND INTEGRATION
The Contractor shall furnish and install system components and/or software, together with
any and all associated equipment it provides, as an integrated system that must operate in
accordance with the technical specifications and representations stated in this RFP.
The Contractor may, with prior State approval, implement changes in the system (in the
performance of the work or substitute system components and/or software of more recent
design) provided that any such changes, modifications, and substitutions, under normal
use, do not degrade the systems performance, or result in any cost increase.
Software delivered and programmed in the system must provide compatibility between all
components in the system as well as uniform and transparent operation throughout the
entire NJ-UASI Region for all phases of current implementation, possible future extensions
in the entire state and Northeast Seaboard, and acceptance of the project.
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The State reserves the right to update a software version at the States expense for
delivered system component(s) although the system meets the technical requirements
outlined in this RFP.
3.3 DISASTER RECOVERY CONSIDERATIONS
In the development and implementation of the 700 MHZ PSI-BWN system, inherent fault-
tolerance, redundancy, back-up, talk around, and fallback characteristics shall be provided by the
Contractor for the proposed system solution. Typical system characteristics may include, but are
not limited to, the following:
Design considerations related to facilities proposed or reused (shelters, towers, and
antenna supporting structure) to withstand natural disasters (floods, earthquake, etc.)
Redundancy and back up of primary control and/or call processing master
site(s)/functional entities.
Remote monitoring
Hierarchy of support for routine operations and maintenance.
Disasater Recovery Plan (DRP)
The Contractor shall update the DRP submitted as part of its bid response to this RFP. The
revised DRP must be submitted to the State for final approval.
3.4 700 MHZ PSI-BWN SPECIFICATIONS (LTE/EPC)
3.4.1 GENERAL
The main objectives of the LTE/EPC System for Public Safety are to provide higher data rates,
lower latency, high level of security and enhanced Quality of Service (QoS). It shall support a
variety of different access systems (existing and future), ensuring mobility and service continuity
between these access systems. The system shall support access system selection based on a
combination of (a) 700 MHZ PSI-BWN operator policies, public safety user preference and radio
access network conditions. Provide capabilities for co-existence with legacy systems and
migration to the LTE/EPC Release improvements in basic system performance while maintaining
the negotiated QoS across the whole system.
3.4.2 SYSTEM REQUIREMENTS
3.4.2.1 The LTE/EPC shall be capable of accommodating a variety of different access systems
thus providing a multi-access system environment to the public safety user.
3.4.2.2 The LTE/EPC shall provide mobility functionality within and across the different access
systems. Mobility functionality shall be optimized meaning that it offers minimal signaling
overhead, minimal handover interruption time, secure handover procedure and local breakout.
3.4.2.3 The LTE/EPC shall provide capabilities to inter-work with a variety of broadband networks
based on IP technologies including those not specified by 3GPP.
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3.4.2.4 The LTE/EPC shall be capable of supporting and inter-working with Packet Switched
services provided on 3GPP Rel-7 and earlier networks. The Evolved Packet System shall be
capable of inter-working with Circuit Switched services provided on Rel-7 and earlier networks.
3.4.2.5 The LTE/EPC shall support, voice, video, messaging, data file exchange.
3.4.2.6 The Contractor shall engineer, furnish and install an interoperable 700 MHz LTE,
infrastructure compliant with 3GPP standard at least Release 8, December 2009 version
(upgradable to 3GPP Release 9 standards). The LTE solution shall provide a variety of mobility
functionality within and across different access systems. The following mobility scenarios shall be
supported:
3.4.2.6.1 Mobility/roaming scenarios include: intra-system Mobility; home-routed roaming
using S8 for bearer traffic; roaming to 3G/HSPA; roaming to EVDOeHRPD. Handover
scenarios include inter-sector handover within eNodeB; inter-eNodeB handover via S1
(with data forwarding); inter-eNodeB handover via X2; inter-system handover with
MME/SGW relocation (PDN-GW anchored IP address with service continuity); inter-
system handoverLTE to GERAN/UTRAN inter-Radio Access Technology (RAT); inter-
system handover -LTE to eHRPD inter-radio access technology. Roaming with support for
the local breakout model shall be supported. LTE interfaces that are necessary to support
the applications and roaming capabilities are specified in 3GPP specifications TS 23.402
and TS 22.278.
3.4.2.6.2 LTE/EPC system shall also support outbound and inbound roaming subscribers
on other regional LTE systems (either operated by other US States for Public Safety, or
commercial network operators).

3.4.2.6.3 In addition, roaming and handoff to other non 3GPP/3GPP2 and legacy
networks, including WiFi, WiMAX, P25 to ensure service continuity.
3.4.2.7 The mobility scenarios, as noted above, shall be supported depending on available
devices. Contractor may classify devices into different tiers based on the functions and
capabilities offered by device. A high level classification of devices based on device usage
is as follows:
Tier-1 Devices: Intended use by Emergency Management Personnel.
Tier-2 Devices: Intended use by 1st Responders.
Tier-3 Devices: Intended use by hospital personnel.
Tier-4 Devices: Intended use by everybody else.
3.4.2.8 Security of the 700 MHZ PSI-BWN System is a primary concern to the State. The
Contractor must build security and encryption features into its System based on
mandatory as well as some optional features for LTE/EPC System specified in 3GPP TS
33.401.
Encryption shall be based on Advanced Encryption Standard (AES, FIPS-PUB-197) with
state of the art keys.
Contractor shall document how its system meets the Advanced Encryption Standard
including detail on how information that traverses the System shall be kept secure.
Contractor must describe how it shall work with the State to address security threats, and
remote virus attacks including access to tools and reports that will aid in monitoring and
tracing security threats.
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Contractor must detail security measures to protect physical System components
(functional entities, routers/switches, buildings, etc).
3.4.2.9 The LTE/EPC shall allow for local breakout as defined in 3GPP TS 22.278.
3.4.2.10 To avoid unnecessary background scan by the UE and to facilitate service
continuity by the UE it shall be possible for the LTE/EPC to provide the UE with access
network information pertaining to locally supported non-3GPP access technologies.
3.4.2.11 LTE/EPC shall support all nine Quality of Service Class Identifiers (QCI) defined
in 3GPP Release 8, with corresponding performance and latency requirements as detailed
in 3GPP TS 22.278.
3.4.2.12 LTE/EPC shall efficiently support 3GPP defined supplementary services pertinent
to public safety. This also includes supporting a variety of traffic models including user-to-
user, user-to-group, user to server, machine to machine and traffic models generated by
ubiquitous services for public safety. LTE system shall support many types of user-to-user
traffic, ranging from short and bursty frequent transactions (such as automatic vehicle
location updates) to high speed, high duration video calls. Multicasting of information to
multiple users shall be achieved at the application layer through broadcast servers or
conference bridging infrastructure.
3.4.2.13 The LTE/EPC shall be able to handle different types of IP traffic, such as real-
time (e.g. VoIP), non-real time traffic (e.g. Web browsing), and mission critical traffic (e.g.
Mobile-Commerce applications).
3.4.2.14 Service continuity of subscriber IP sessions shall be supported during UE
handovers from one IP access network to another IP access network, regardless of
whether the new IP access network supports the same version of IP as the old IP access
network.
3.4.2.15 The LTE/EPC shall support both IPv4 and IPv6 connectivity. IPv4 only, IPv6 only,
and dual mode (IPv4/IPv6) terminals should be supported. Interworking between
terminals, servers and access systems supporting different versions of IP shall be
possible. Mobility between access systems supporting different IP versions shall be
supported with minimal network/terminal impacts.
3.4.2.16 The LTE/EPC System shall provide for efficient usage of system resources,
especially of radio resources through both signaling and transport optimization (e.g.
overhead, terminal power, radio resources, mobility state, signaling load).
3.4.2.17 The LTE System shall meet the Public Warning System (PWS)/Tsunami Warning
System (ETWS) requirements in compliance with 3GPP TS 22.168, TS 22.268 or later
releases (where ETWS will become part of PWS).
3.4.2.18 LTE (RAN) shall support peak data rates in the available public safety band (the
10 MHz of spectrum.)
3.4.2.19 Priority Channel Assignment - The System shall be equipped with a minimum of
eight (8) priority levels, as specified by ITU. Available channels shall be assigned to
queued subscribers on a first-in, first-out basis by queued priority.
3.4.2.20 The LTE/EPC shall support various charging models supported by 3GPP system
and contained in 3GPP TS22.115.
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3.4.2.21 Additional System Requirements
3.4.2.21.1 95% Area Coverage Reliability (ACR)
3.4.2.21.2 Support of homogenous and heterogeneous handovers for seamless
roaming heterogeneous networks.
3.4.2.21.3 The Contractor shall make use of existing towers specified in Exhibit (A
and B) (Exhibit B available only after signing confidentiality agreement). Contractor
may use additional sites/towers as necessary to achieve minimum coverage
requirements.
3.4.2.21.4 Full compatibility with features and functions as described by P-25 and
published in EIA/TIA 102 documents, and migration path from existing LMR/P-25
to LTE.
3.4.2.21.5 Full compliance with Federal Communications Commission (FCC) rules,
regulations and requirements of LTE Spectrum for public safety networks. The
selected Contractor shall work closely with the Regional Planning Committee
(RPC). The Contractor shall prepare all frequency coordination and license
applications for signature by the State.
3.4.2.21.6 LTE/EPC Network monitoring, diagnostics, O&M and control, to be
compliant with 3GPP LTE Rel-8, or later.
3.4.2.21.7 Full compliance with current and future 3GPP and FCC Interoperability
rules.
3.4.2.21.8 Based on Release 8, the following Interface requirements must be
supported:
Uu - LTE air interface
S6a Visited MME to Home HSS
S8 - Visited SGW to Home PGW
S9 - Visited PCRF to Home PCRF for dynamic policy arbitration
S10 - MME to MME support for Category 1 handover support
X2 - eNodeB to eNodeB
S1-u - between eNodeB and SGW
S1 - MME between eNodeB and MME
S5 - between SGW and PGW
S6a - between MME and HSS
S11 - between MME and SGW
SGi - between PGW and external PDN
Gx - between PGW and PCRF (for QoS policy, filter policy and charging
rules)
Rx - between PCRF and AF located in a PDN
Gy/Gz - offline/online charging interfaces
3.4.2.21.9 Modular expandability to accommodate user population growth as well
as geographical Network growth to cover entire State of New Jersey, and
Northeast States, that may fall under Northeast Sates Alliance as envisioned by
the State.
3.4.2.21.10 Coverage Requirements - Coverage shall be 95% coverage reliability
with a 768 Kbps in the downlink and 256 Kbps uplink at the cell edge for each
tower site. Coverage predictions shall be based on the Oakamura-Hata model,
band class 14, both 5 MHz and 10 MHz channels and fully compliant to 3GPP TS
36.101 V9.3.0. The System must provide the minimum data rates base on a sector
loading of 70% throughout the entire System.
3.4.2.21.11 System Capacity - In general, the System shall be equipped to support
all public safety subscribers plus 150% future growth in subscription for NJ UASI
Region as well as for the entire State of New Jersey. Initial stake holders will be,
Department of Public Safety, Police Department, Office of Emergency
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Management, Hospitals etc. Initially the system shall support at least 20,000
subscribers.
3.4.2.21.12 System Redundancy/Fault Tolerance - The LTE/EPC system shall
provide redundancy in the form of fault tolerance. For fault tolernance, the
equipment shall be capable of self-testing and self healing, and shall automatically
execute restart procedures if a malfunction is detected.
3.4.2.21.13 Uninterruptible Power Supplies (UPS) - UPS shall be furnished and
installed for all control and fixed site equipment. The UPS shall provide continuous
power to all communication equipment during the time interval between loss of
commercial power source, detection, and start of back-up generators. The UPS at
each site shall also provide line surge and over voltage protection for all
communication equipment. The UPS shall operate a minimum of 10 minutes (at full
AC load).
3.4.3 FUNCTIONAL REQUIREMENTS/FEATURES AND FUNCTIONALITY
3.4.3.1 GENERAL
The System shall be configured to provide communications within the specified radio coverage
area. The system shall be designed to meet the end subscribers requirements and provide the
subscribers with their communication needs with a minimum of manual intervention.
3.4.3.2 CALL FUNCTIONS
The System shall support,at a minimum, the following Mobile Device call functions.
Mobile Device to Mobile Device Call (Talk Around): System shall allow mobile device
to enter into an individual, one-to-one call (talk around). This feature is mandatory as it
allows first responders to communicate with each other when their mobile devices are
unable to connect to the network. (E.g. first responder is in an area that lacks adequate
radio coverage, or when the System becomes inoperable due to natural or man-made
disaster).
Busy Queuing and Callback: Subscribers requesting access on a busy system shall be
placed in queue and called back when a channel is available.
Automatic Retry: The Mobile Device shall automatically initiate retries on a random basis
anytime a channel access request is not successfully transmitted/received.
Preemption: Pre-emption (the ability to force non-priority users off of the System during
emergency incidents to direct necessary capacity to critical resources) shall be built into
dedicated Public Safety LTE/EPC for mission critical communications. This feature is
defined by 3GPP 23.267 enhanced Multi-Level Precedence and Pre-emption Service.
Location aware real-time services. Location aware real-time services shall be
supported.
3.4.4 NETWORK CONTROL/MANAGEMENT REQUIREMENTS
3.4.4.1 GENERAL
The Contractor shall furnish a network management system installed at the States primary data
center in West Trenton. A backup network management system shall be furnished by the
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Contractor and installed at a secondary location in Woodbridge Township. Each network
management system shall be an integral part of the System and shall provide system supervisors
access to databases for data entry and retrieval, record keeping, adjustment of the system
operating parameters, system usage, performance and efficiency parameters. The network
management computer system(s) shall be standard equipment utilizing industry standard
operating systems (e.g. Unix, Linux, or Microsoft), and application software to provide the required
functionality.
3.4.4.2 FUNCTIONALITY
The network management system shall be equipped for multiple user terminal control and multiple
user sessions. User terminals shall be installed at the primary Control Center and at the
secondary location.
The network management system shall provide the capability to allow an operator to create,
change, and delete managed objects such as adding sites, user groups/CUGs, and updating
subscriber programming to include encryption keys. The network management system be capable
of downloading software updates and/or changes. The network management system shall provide
the following features and functions:
3.4.4.2.1 Password Protection - each terminal operator shall receive a separate password.
In addition to the login password, certain functions shall be password protected, such as
regrouping and deactivating Mobile Devices over the air.
3.4.4.2.2 User Interface- the management system shall provide user friendly user
interface.
3.4.4.2.3 Access to Equipment Parameters the authorized operators shall have access
to equipment parameters from any user terminal.
3.4.4.2.4 Maintain Mobile Device Profiles - authorized operators shall have access to
subscriber databases to review and/or modify subscribers parameters, applications,
services and features.
3.4.4.2.5 Set Individual and CUG Priority Levels - authorized operators shall have the
ability to set and modify the priority levels for individuals and groups.
3.4.4.2.6 Activate/Deactivate Mobile Devices Over the Air - authorized operators shall
have the ability of OTA to activate/deactivate any Mobile Device from transmitting and
receiving.
3.4.4.2.7 System Activity Reports - authorized operators shall be able to request system
activity reports and have them printed at the local printer.
3.4.4.2.8 Monitor and Log Mobile Device Activity system shall be capable of monitoring
and reporting site, call type, caller ID, called ID, call time, and call duration, and
consequently billing/charging
3.4.4.2.9 Fault Management (Alarms and Diagnostics) - system shall be capable of
monitoring and reporting failures for site links, system controllers, transmitters, receivers,
power, etc. upon occurrence. The system shall maintain a historical record of failures.
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3.4.4.2.10 Accounting/Performance Management - System shall be capable of providing
historical and statistical information for call data (types and duration) and site activity
(calls, call types, busies, etc.).
3.5 BACKHAUL
3.5.1 GENERAL
The Contractor shall furnish and install LTE/EPC System and interfaces in compliance to 3GPP
LTE/SAE specifications Rel-8 or later. More specifically, RAN interfaces as per technical
Specifications specified in 36 series, and EPC interfaces as per technical specifications specified
in 23 series) that connects/interconnects various functional entities of EPC, and
connects/interconnects the eNodeBs of RAN to the EPC. The design shall place emphasis on
reliability, availability, network management and maintenance of the backhaul.
Where available, the Backhaul shall re-use existing State or local government owned towers. A
subset of those towers shall be used as backhaul aggregation nodes. Backhaul nodes shall either
reside on or have spur access to the States fiber core network. It shall be the Contractors
responsibility to effectively and efficiently engineer the RAN network(s) making use of the
identified backhaul nodes. The contractor may use additional site(s)/tower(s) for backhaul where
coverage requirements dictate. Use of aggregation nodes should be optimized as to use as few
as possible.
An inventory of the available existing towers are illustrated in Exhibit A and inventoried in Exhibit
B (Exhibit B available only after signing confidentiality agreement).
3.5.2 DESIGN CONSIDERATIONS
3.5.2.1 SUPPORT OF WIDE AREA NETWORK
Regardless of design methodology LTE/EPC backhaul shall meet all of the requirements
(reliability, bandwidth, time delays, etc.) as specified in 3GPP technical specifications for release 8
or higher.
3.5.2.2 TRANSMISSION MEDIA CONSIDERATIONS
The RAN backhaul design shall consist of microwave (operating in licensed band) and existing
optic based systems associated with aggregation nodes outlined in Section 3.5.1. The microwave
backhaul system shall include microwave radios, antennas, waveguide, cabling, aggregation
routers, mounting hardware and any other accessories required for a complete turn-key project at
each designated site. The Contractor shall do an evaluation to determine if facilities or towers
need to be upgraded, modified or newly installed. The Contractor shall use FCC licensed
frequencies for this application.
3.5.2.3 NETWORK CONFIGURATION
For the interconnection of EPC entities, and connections/interconnections of LTE access network
and to the core Network, the Contractor shall design and size microwave segments to optimize
available aggregation nodes.
Based on existing aggregation nodes, to meet the objective noted in above paragraph, the
Contractor shall identify optimum locations for installation of wireless equipment. The design shall
include services to assure proper connection and functioning with the States existing fiber
network with complete testing prior to completion of the project.
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Contractor shall engineer traffic plan to ensure network does not have choke points.
Contractor shall engineer network to ensure that the Backhaul has diverse redundant paths
attained cost-effectively.
It shall be up to the Contractor to identify any coverage holes that require additional towers to be
located or new towers to be constructed. In addition the Contractor shall identify any fiber optic
facilities that may need to be placed to connect towers where microwave may not be feasible.
3.5.2.4 RELIABILITY
The contractor shall design the RAN/EPC backhaul for 99.9999% availability including
scheduled downtime.
3.5.2.5 REDUNDANCY
The key entities in LTE/EPC, backhaul, alternate routing power systems, and their automated kick
in (in case of fault) shall be provided in sufficient redundancy to ensure 99.999% reliability.
3.5.2.6 NETWORK SYNCHRONIZATION AND ERROR CORRECTION
Backhaul shall provide error correction (Forward Error Correction FEC) to provide a high quality
bit error rate (BER) signal.
3.6 EQUIPMENT
Software updates shall be possible and new releases shall be backwards compatible. All
equipment shall be equipped with non-volatile memory that allows features and capabilities to be
programmable and reprogrammable.
3.6.1 SITE LIGHTNING PROTECTION AND GROUND SYSTEM
The Contractor shall perform a lightning protection survey for any sites requiring towers or at any
sites where the existing tower is replaced by a taller tower. All costs for such surveys shall be
borne by the Contractor. Where inadequate protection exists, Contractor shall furnish and install a
complete lightning protection and grounding system. All connections shall be exothermic type
welds and all materials shall be copper or copper-clad unless otherwise specified. The ground
ring shall be installed at least three (3) feet from the shelter foundation. All elements of the
grounding and lightning systems for each site shall achieve a resistance to earth of 5 Ohms or
less. The Contractor shall install any additional grounding to meet the 5 Ohms or less requirement
and install the necessary ground test wells to perform the ground testing for the site. The
Contractor shall permit the State to inspect the ground system prior to covering the underground
portions of the system.
3.6.2 SUBMITTAL OF REGULATORY LICENSES
In cases where the height of the existing antenna is required to be increased, the Contractor shall
file with the Federal Aviation Administration (FAA) application Form 7460-1 (Notice of Proposed
Construction or Alteration). Upon approval by the FAA for the proposed tower height, The
Contractor shall file with Federal Communication Commission (FCC) application Form 854R
(Antenna Structure Registration (ASR)) to obtain an ASR number. The Contractor shall furnish
and display the ASR Number in a conspicuous place so that it is readily visible near the base of
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the antenna structure. Materials used to display the ASR Number must be weather-resistant and
of sufficient size to be easily seen at the base of the tower.
Within five (5) days after completion of the tower, the Contractor shall file with the FAA and FCC
notifying them that the construction of the tower is complete.
3.6.3 ANTENNA SYSTEMS
All Antenna systems shall comply with relevant 3GPP specifications and be installed per
manufacturers direction. All antenna systems shall be effectively grounded and provide surge
protection to all equipment.
3.6.4 SITE SELECTION AND CLASSIFICATION
Exhibit B (available only after signing confidentiality agreement) shows the existing Radio Towers,
used by the State. The list classifies the Radio Sites into the following three classes:
Class I Existing Radio Site (with existing suitable radio towers) owned by the State.
Class II Existing Radio Site suitable for aggregation and backhaul to the States fiber
core.
Class III Existing Radio Site not owned by the State but by another Local Government
Agency, and currently in use via a lease or other agreement. The State will negotiate the
leasing agreement(s).
Note: A suitable tower/site is one that the State believes exhibits a sufficient height and appears
to have the capability to accommodate the antenna components required by the system. The
State will provide the Contractor the analysis/study (performed by the third party) for each Class I,
II, & III tower verifying if the tower passes the environmental requirements. Contractor shall do
what is necessary to remedy if a tower does not fulfill the specified requirements.
3.6.5 MOBILE DEVICES
Several features specified in this RFP, such as, roaming in 3GPP/3GPP2, WiFi, WiMAX, and
interworking with legacy networks, including, P25 to ensure service continuity, depend on mobile
devices as well; therefore devices can be classified into different tiers based on different criteria.
The State has divided the devices into different tiers based on device usage, such as:
Tier-1 Devices: Intended to be used by Emergency Management Personnel.
Tier-2 Devices: Intended to be used by 1st Respondents.
Tier-3 Devices: Intended to be used by Hospital Personnel.
Tier-4 Devices: Intended to be used by everybody else.
3.6.5.1 INTEROPERABILITY WITH LEGACY NEWJERSEY SYSTEMS
Mobile devices shall be interoperable with Legacy New Jersey Systems.
3.6.6 LOCAL AND PRIVATE ENTITIES.
3.6.6.1 SITE ON WHEELS (SOW)
In an effort to enhance its state of readiness the State will stage one SOW in each of the three (3)
defined phases/regions. To that end, the Contractor shall provide one complete SOW for each
defined phase/region. Each SOW unit shall consist of trailer(s) carrying eNodeB, tower unit and
power generation unit necessary to operate the SOW. Each unit shall be lightweight in design to
facilitate towing by a full size pickup truck. The tower unit shall consist of one pneumatically
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operated 100 ft. tower, antenna system, and all necessary interconnection cables. Each unit shall
also be equipped with all necessary electronics and antenna systems to establish a microwave
hop to connect the SOW to the EPC.
3.7 SHELTER REQUIREMENTS
3.7.1 GENERAL
The State/Counties currently owns one equipment shelter at most of the locations listed in the
Tower Database contained in Exhibit B (Exhibit B available only after signing confidentiality
agreement). The Contractor shall inspect all existing shelters to determine which are acceptable
for use with the System. Should the existing shelter prove unacceptable to the State (as a result
of EPA assessment) or the Contractor, the Contractor shall furnish and install a fully equipped
reinforced concrete shelter.
Shelters shall be equipped with a complete internal power wiring system, emergency power
system (generator), power distribution centers, smoke detection system, cable runways, heating
and air conditioning system, lighting system, grounding system, and related equipment. Shelters
shall be complete in every respect and ready for use upon delivery. The emergency power
system must automatically start-up upon power loss and be functioning within ten (10) minutes.
The emergency power system shall run until power is restored or it is manually turned off.
The Contractor shall design and fabricate each shelter using the highest degree of care and
workmanship. The shelters shall be of quality design and installed in a workmanlike manner. All
wall-mounted equipment shall present a neat symmetrical appearance and be installed in a highly
stable and rigid manner.
3.7.2 STANDARDS AND CODES
All work shall be in strict compliance with all applicable codes, ordinances, and regulations
including, but not limited to, the latest revisions of the following Federal/State codes.
American Society of Testing Materials (ASTM)
Standard Mechanical Code
Underwriters Laboratories (UL)
National Electrical Code (NEC)
American Concrete Institute (ACI)
National Fire Protection Association (NFPA)
Building Officials and Code Administrators (BOCA)
3.7.3 SHELTER CAPACITY AND SIZE
All shelters shall include floor space for electrical equipment such as panel boards, automatic
transfer switch, UPS, AC or DC power plants, and work areas. The total floor space shall be sized
to house the proposed equipment with space for twenty-five (25 %) percent expansion. Each
shelter shall have a minimum eight (8) feet six (6) inch clear floor to ceiling height. All shelter
systems (UPS, Mechanical, Electrical, Emergency Power System, etc.) shall be sized for initial
load, plus twenty-five (25 %) future growth.
3.7.4 SHELTER FOUNDATION AND FABRICATION
Shelters shall be attached to the foundations in accordance with the shelter manufacturers
specifications. Shelters shall be of well insulated design having a minimum insulation factor rating
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of R-18. Shelters shall be completely air, dust, water tight, and shall be designed so that moisture
cannot penetrate pores, seams, or around door and openings. The shelter shall not deteriorate,
chip, or dent under weather conditions of rain, hail, or sleet.
The equipment shelter exterior finish shall be washed aggregate material with a finish color
selected by the State.
Interior walls and ceilings shall be furnished with one-half (1/2) inch plywood, covered with white
embossed fiberglass reinforced plastic panels. Panels shall be installed in strict accordance with
the manufacturers directions. Installation shall include vinyl molding joint treatment, and the use
of white fasteners.
The shelter floors shall be covered with twelve (12) inch by twelve (12) inch by one-eighth (1/8)
inch commercial floor tile. Floor covering and base trim shall be installed in strict accordance with
the manufacturers direction.
3.7.5 DOORS
Equipment shelter shall be equipped with a thirty-six (36) inch by eighty-four (84) inched sized
door. The doors shall have a bullet resistance rating. Furthermore each door shall as a minimum
be equipped with a continuous hinge the entire length of the door, neoprene weather strip, high
security locking cylinder latch set, mortised dead bolt. All doors, frames, and frame components
shall be painted and rustproof.
3.7.6 TRANSMISSION LINE ENTRIES
A transmission line entry shall be provided for through-the-wall installation of the transmission
lines. Size the transmission line entry for twenty-five (25%) percent future growth. Sleeves shall
be capped with watertight removable caps.
3.7.7 CABLE LADDERS
The Contractor shall furnish and install cable ladders in each shelter as required to support all
cable and transmission lines.
3.7.8 SECURITY AND SAFETY SYSTEMS
The system shall include: smoke detectors wired back to the alarm; a Door Intrusion Detection
Alarm; one 10 lb hand held fire extinguisher mounted near the door; alarm monitoring and
reporting; necessary signs (e.g. No Smoking etc. ); and nameplates on all major equipment.
Nameplates shall be plastic laminate, white face with black engraved letters or numbers. The
Contractor shall furnish and install all necessary sensors, relays, wiring, and controls to
individually monitor, at a minimum, the following status points at each site. All control and
monitoring points shall be connected to the remote monitoring and alarm system. The system
must include, but not limited to:
Door Open Alarm
Building Smoke Alarm
Air Conditioning/Heat Unit. (High/Low Temperature Alarm)
High/Low Humidity Alarm
Site AC Failure Alarm
AC Arrestor Failure Alarm
Generator Running Alarm
Generator Transfer Alarm
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Generator Low Oil Pressure Alarm
Generator Coolant Temp. Alarm
Generator Over Crank Alarm
Generator Low Fuel Alarm
UPS Run Alarm
UPS Failure Alarm
Dehydrator Failure Alarm
Tower Light Failure Alarms
3.7.9 ELECTRICAL SYSTEMS
The Contractor shall furnish and install a complete electrical system as needed in the shelter. At a
minimum, electrical systems shall be equipped with a 200 A, 120/240 V, 60 Hz, single phase,
circuit breaker distribution service panel. The electrical system shall support the initial AC power
requirements and provide twenty-five (25 %) percent future growth capacity.
All electrical work and/or equipment in the shelter shall satisfy the following:
3.7.9.1 Interior conductors shall be installed in metallic conduit. Exterior conductors shall
be installed in rigid metallic conduit.
3.7.9.2 Interior Lights shall be surface mounted fluorescent fixtures. Bulbs shall be
included. Interior lighting shall be designed to provide an illumination level of 75 foot-
candles at 3 feet above finish floor level for a fully loaded building. Exterior lighting shall be
a 100 W incandescent fixture and lamp, secured in a protective housing. The exterior light
shall be controlled by an interior mounted switch and exterior mounted photocell.
3.7.9.3 Panel boards shall be permanently labeled with circuit identification.
3.7.9.4 Emergency lighting unit shall be installed above the door. The batteries shall be
maintenance free capable to operate all lamps for 1-1/2 hours of light.
3.7.9.5 Exterior duplex receptacle with GFI.
3.7.9.6 A 4 x 4 x plywood cable termination panel (fire retardant plywood) shall be
mounted inside the equipment shelter.
3.7.10 UNINTERRUPTIBLE POWER SUPPLY SYSTEM (UPS)
The Contractor shall furnish and install a UPS system at each site. The UPS system shall be
designed to provide capacity to power any alarms, modems, amplifiers, or other ancillary
equipment at the base station site required to keep the site fully operational for ten (10) minutes,
at a maximum design load plus twenty-five (25 %) future growth.
3.7.11 DELIVERY AND INSTALLATION
The Contractor shall transport each equipment shelter to the Site at which the equipment shelter
is to be installed. The Contractor shall obtain all hauling permits necessary for the transport of the
equipment shelters. The Contractor shall off-load the equipment shelter and place the equipment
shelter on the foundations and securely bolt the equipment shelter in place.
3.7.12 SHELTER GROUNDING PROTECTION SYSTEM
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A grounding system for the equipment shelter and associated equipment shall be as specified
below:
Equipment Grounding All metallic structures, enclosures, raceways, junction boxes,
outlet boxes, cabinets, distribution panels, door frame, equipment racks, and other
conductive items shall be grounded to the internal ground in compliance to State and local
Codes.
3.7.13 GENERATOR FUEL STORAGE SYSTEM
If needed to run the emergency power system generator, the Contractor shall furnish and install
the appropriate fuel storage system, foundation, and all necessary piping and wiring necessary to
connect and run the generator. The fuel storage system shall be installed above ground and shall
be sized to provide one hundred twenty (120) hours operation at full rated load.
The Contractor shall install the fuel storage system a minimum of ten (10) feet from any external
source of ignition or mechanical ventilation system. The location of the fuel storage system must
meet all local, State, and National Fire Protection Association (NFPA) standards.
3.7.14 NATIONAL ENVIRONMENT PROTECTION ACT (NEPA) REQUIREMENTS
The Contractor shall be provided with a National Environment Protection study. The Contractor
shall go through the National Environment Protection study thoroughly for any sites requiring
towers or at any sites where the existing tower is to be replaced by a taller tower or where
significant alterations are required for the site compound configuration or foundations (i.e. sites
requiring excavations). If a National Environment Protection study reflects that an environmental
assessment (EA) is warranted, the Contractor shall notify the State so the State can decide if the
site should be abandoned or if an EA should be ordered.
Based on the NEPA study, if the site(s) requires, the Contractor shall perform the following
alterations or improvements to meet the National Environment Protection/safety standards.
3.7.15 FENCING
At existing sites, the Contractor shall inspect all existing fencing, halo, and grounding to determine
which are acceptable for use with the proposed system. If any of the above mentioned is deemed
unacceptable after the inspection, the Contractor shall furnish and install new perimeter security
fence as required to enclose the base of the tower, equipment shelter, generator, LPG tank and
any other associated equipment with a clearance between the fence and enclosed object of at
least five (5) feet. For sites that require modifications or additions to the existing fence, the
Contractor shall match new fencing with the existing height and type. Installation shall be
performed by experienced fence erectors.
Warning signs using the international symbol of electrical shock hazard shall be furnished and
installed on the exterior of all sides of the main perimeter fence and the gate. Additionally, signs
shall be furnished and installed that state "No Trespassing" in English. The signs shall be
impervious to weathering, and be mounted to avoid ease of removal by vandals.
3.7.16 VEHICULAR BARRICADE GATE
The Contractor shall furnish and install a 16-0 vehicle barricade gate at the edge of the public
ingress road which serves the site. A No Trespassing sign shall be furnished and installed on
the exterior of the barricade. The gate shall have a means of locking the gate to a post with a
padlock. All posts shall be filled with concrete and include a cap to exclude moisture.
3.7.17 ACCESS ROAD
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The Contractor shall install, at sites that require it, an access road from the public ingress road to
the site security fence. The proposed access road shall have a minimum twelve (12) feet in width,
6 compact base, minimum 4 MSHD&T 23A crushed limestone mix with Amoco woven geotextile
fabric underlayment on top of the 6 compact base.
1. Installation of necessary culverts/ditches on both sides of access road for erosion
protection. Seed all areas requiring erosion protection.
2. Installation of a parking & turnaround area located adjacent to the gate at the perimeter
site security fence.
3.7.18 UTILITY SERVICE
The Contractor shall furnish and install a properly sized secondary underground AC service feed
to each site. The Contractor shall furnish all required materials and labor and coordinate the utility
connections for a complete installation at each site.
3.8 TESTING AND ACCEPTANCE
This section describes the State's requirements for testing and acceptance of the 700 MHZ PSI-
BWN. As a condition to acceptance by the State, the Contractor shall perform Systems tests as
witnessed by the State. System tests shall consist of interoperability tests, conformity tests, field
functional and operational tests, Factory Acceptance Test, and coverage tests. The Contractor
acknowledges and agrees that all testing must involve and include actual components being
implemented in the proposed solution. Although unit testing must be performed by the
Contractor and be witnessed and accepted by the State for each area or section as it is
implemented, the State also requires regression testing - (to encompass re-testing of all
implemented components) after any problems or deficiencies are identified and corrected at any
phase or stage during the roll-out of the system. Regression testing shall be performed by the
Contractor and witnessed and accepted or rejected by the State Contract Manager. The State
reserves the right on any failed test to re-start the test from the beginning or to continue testing at
that point forward. Final system acceptance shall not occur until the State Contract Manager
accepts that the system has run for thirty (30) consecutive days without a major interruption of
services. Each time a major interruption of services occurs during the final system acceptance
test, the acceptance period shall start from the beginning. The System testing and acceptance
shall conform to the following general outline:
3.8.1 FACTORY TEST
System Hardware and Software operates according to its specifications covering Functional,
Interface, Operational and Specifications Tests.
Microwave Backhaul
700 MHz RAN/EPC Infrastructure
Equipment Shelters
Small Lot Testing of Mobile Devices for validation (compliance with technical
requirements), compliance, performance and interoperability.
3.8.2 FIELD TESTING
Evolved Packet System (LTE/EPC) Compliance Performance and Interoperability Certification.
Conduct conformance testing on System (LTE and EPC) to ensure compliance with technical
requirements associated with 3GPP Release 8 (LTE/SAE) and higher releases. Perform
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interoperability testing of the LTE interfaces to determine its roaming capabilities and make sure
that these capabilities are sufficient.
Coverage Testing for each site
Multimedia (Voice, Video, Data)-uplink/downlink
3.8.3 BENCHMARK MEASUREMENT
Multimedia-Out Rating/ In Rating - for Each Site
3.8.4 SITE INSPECTIONS AND TESTING
Site Preparation
Equipment Shelters
Antennas
Antenna Supporting Structures
Grounding and Lightning Protection
3.8.5 ACCEPTANCE
Successful Functional and Operational Tests
Coverage Analysis/Report
Successful Subscriber Implementation
3.8.6 TEST PLANS
The Contractor provided test plans shall consist of procedures, check lists, forms, test equipment
requirements, and recommended State personnel involvement. The tests shall be conducted to
completely verify all features, functions, and specifications of the System and its sub-systems.
This shall include alarm and control hardware and software, EPC hardware and software, network
management equipment, sites, towers, shelters, and grounding. The test plans shall specifically
address:
1. Factory Tests - The Systems shall be factory staged and tested.
2. Field Specifications Tests - After the System has been installed, integrated, and optimized
for field specifications, testing for the sites shall commence.
3. Coverage Tests - After the System has been installed, integrated, and optimized,
coverage testing shall commence.
4. Field Functional and Operational Tests. After the Field Specifications and Coverage
Testing is successfully completed, field functional and operational tests shall be conducted
by site. This testing shall also include roaming, tests.
The test plans shall include descriptions of specific tests to verify operation of any equipment,
which, as a result of features and functions that are scheduled for implementation after the
equipment has been installed, requires modifications to equipment installed and operating in the
field.
The Contractor shall submit Test plans for each of the tests to the State Contract Manager for
approval. Contractor modifications to the Test plans must be approved by the State. Tests are not
considered valid tests unless the test plan has received prior written State Contract Manager
approval. All tests will be monitored by the State, and only State monitored tests shall be
considered valid.
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3.8.7 TESTING DOCUMENTATION
All tests executed shall be documented according to the approved test plans. All records kept
during the Testing and Acceptance Process shall be made available to the State at any time and
provided to the State as part of the System deliverable documentation. The documentation shall
consist of:
1. Test Checklists, which shall be based on the specification and functional criteria for sites,
shelters, towers, and system hardware and software,
2. Project Punch-list, which shall be based on test items that failed and require corrective
action or resolution,
3. Factory staging records, which shall be a record of all testing, cabling, racking, and
programming parameters, as the equipment was tested in the factory,
4. Data sheets displaying the results of the specifications set during the manufacturing
process,
5. A record of items observed during the tests.
3.8.8 TESTING CHECKLIST(S)
Test checklists shall be associated with a particular type of equipment or feature test and shall be
filled out during the testing. Each test shall be based on the specification or functional criteria,
and shall either receive a Pass or Fail as determined by the State Contract Manager. These test
checklists shall be a running record of the status of the tests. The associated set of test checklists
for a given Site shall be assembled into a binder and provided to the State Contract Manager as a
site test log for future reference. Each test checklist form shall contain:
1. Site in which the equipment resides,
2. Date test was performed,
3. List of all tests,
4. The expected level or result for each test,
5. The measured result to be manually recorded,
6. Pass/Fail box to be approved by the State Contract Manager,
7. A Punchlist identifier if a Fail,
8. A signature block(s) for the Contractor and the State Contract Manager.
3.8.9 PUNCHLISTS
The Project Punchlist shall be a record of all items that did not meet the terms and conditions of
this contract and requires corrective action or resolution. This information shall be kept as a
paper record and a database record to allow for sorting and reporting the items as required. All
Punchlist items shall be addressed until each item has been resolved. An item gets recorded as a
Punchlist item when the State Contract manager decides a test is a Fail. Control of this decision
rests with the State Contract Manager.
Resolution of Punchlist items shall be addressed by priority as indicated by an Exception
Procedure Code. The Punchlist shall contain:
1. An item identifier,
2. The date of the Punchlist,
3. Site where there was an Exception or Fail,
4. A test plan reference,
5. The associated Test Checklist,
6. A description of the Exception/Fail,
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7. The Exception Procedure Code that categorizes the State exception to properly prioritize
the efforts to resolve the item,
8. The equipment, feature or facility involved,
9. A completion date,
10. Resolution comments.
As a cover sheet the Punchlist shall have signature blocks for the Contractors Project Manager
and the State Contract Manager for execution related to final closeout of the Punchlist.
3.8.10 MOBILE COVERAGE TEST POINTS AND ROUTES
Mobile test points shall be determined by overlaying a grid map on a map of the State, starting in
the southeastern corner of the UASI region. The grid size shall be two (2) miles by two (2) miles
and each grid shall have a single test point that shall receive a pass/fail score. The mobile test
point within each of the grids shall be randomly chosen at the time of the test by the testing
equipment using a GPS receiver, and performing the test immediately upon entering a grid. Test
routes shall be predetermined by the State Contract Manager before testing to minimize the time
required for testing. Route changes during tests shall be at the discretion of the State Contract
Manager. No deviation from test routes shall occur unless mandated by road conditions. Any grids
waived by the State shall be scored as a pass. Any grids non-accessible by the test vehicle shall
be scored as a pass.
3.8.11 MODIFIED GRID TEST
If any two contiguous grids fail, additional testing shall be required. The two failed grids shall be
further evenly subdivided into 20 grids each, for a total of 40 "new girds". The new grids shall be
tested and receive a pass/fail score.
The modified grid acceptance shall be based on test results that indicate 36 of the 40 new grids
received a passing score. If the original failed grids pass the modified grid test, the failed grids
shall be modified to a passing score, and the two original grids added to the passed grids for the
purpose of determining 99 percent area coverage in a district.
If 35 or fewer of the new grids pass, then the Contractor shall correct the coverage in this area, at
no cost to the State, without affecting the performance of the system in other areas. After
corrections, the modified grid test shall be repeated to determine if further corrective action is
needed.
3.8.12 TESTING AND ACCEPTANCE MILESTONES
3.8.12.1 700 MHz RAN/LTE Infrastructure
Factory Tests Milestone: Successful completion of Factory Tests for 700 MHz
RAN, EPC, O&M equipment assembled, racked, stacked, wired to demonstrate
that the equipment is operational as specified by the contract.
Installation Milestone: 700 MHz RAN, O&M equipment delivered, inventoried,
and powered at an Installation Site.
Integration Milestone: Successful completion of Field Specification Tests for 700
MHz RAN, EPC, O&M equipment Integration.
Phase Acceptance Milestone: Successful completion of Field
Functional/Operational tests for 700 MHz RAN, EPC, O&M equipment.
3.8.12.2 Backhaul Equipment
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Factory Tests Milestone: Successful completion of Factory Tests for the Digital
microwave multiplex, alarm and control equipment that is assembled, racked, stacked,
and spliced/wired to demonstrate the equipment is operational as specified by the
contract.
Installation Milestone: Microwave(multiplex, alarm and control) equipment delivered,
inventoried, and powered at an Installation Site.
Integration Milestone: Successful completion of Field Specification Tests for the
Equipment.
Phase Acceptance Milestone: Successful completion of Field Functional/Operational
for the Backhaul equipment and Field Functional, Operational and Specifications Tests
for alarm and control equipment.
3.8.12.3 Facilities Site Development Milestones
Site Development Installation Milestone: Completion of clearing, rough grading, and
installation of access road, tower, and shelter foundations. (for New installation and
bringing up to the par, for existing installations)
Site Development Integration Milestone: Completion of final aggregate surfacing, all
fencing and site grounding.
for Backhaul, and RAN equipment and Field Functional, Operational and
Specifications Tests for alarm and control equipment.
3.8.12.4 Antenna Supporting Structures
Antenna Supporting Structures Installation Milestone: Tower foundations installed
and tower erection complete. (for New installation and bringing up to the par, for
existing installations)
Antenna Supporting Structures Integration Milestone: Tower inspection complete
and Backhaul and 700 MHz antenna systems installed.
for Backhaul and RAN equipment and Field Functional, Operational and Specifications
Tests for alarm and control equipment.
3.8.12.5 Equipment Shelters
Equipment Shelters Installation Milestone: Prefabricated building off loaded and
placed on to foundations. (assessment of existing facilities)
Equipment Shelters Integration Milestone: Prefabricated building systems,
grounding and lighting protection system, and emergency power systems installed and
inspected. (for New installation and bringing up to the par, for existing installations)
for Backhaul and RAN equipment and Field Functional, Operational and Specifications
Tests for alarm and control equipment.
3.8.12.6 System Acceptance Milestone:
Successful completion of Final Acceptance Tests for the 700 MHZ PSI-BWN System.
3.9 WARRANTY
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The Contractor shall provide Warranty and Post Warranty services for the 700 MHZ PSI-BWN
system offered. These services shall be categorized as the following: Maintenance and Inspection
Program2 Year Warranty Period (M&IP2WP); Operations Program2 Year Warranty Period
(OP2YWP); Maintenance and Inspection ProgramPost Warranty Period (M&IPPWP); and
Operations ProgramPost Warranty Period (OPPWP). If requested by the State, the renewal
option for years 9 through 11 shall include a hardware refresh for Core network components.
3.9.1 MAINTENANCE AND INSPECTION PROGRAM 2 YEAR WARRANTY PERIOD (M&IP2WP)
The Contractor shall provide an all inclusive Maintenance and Inspection Program of all installed
equipment for the 700 MHZ PSI-BWN system for a period of two years from the date of final
system acceptance. The Contractor Maintenance and Inspection Program shall include network
equipment operations, System equipment defects and repair, Mobile Devices, and software
execution and updates. The Contractor shall provide remedial and preventative maintenance.
The Contractor shall provide a toll free number for the reporting of System problems that will be
answered 24x7x365. The contractor shall initiate trouble resolution within 15 minutes of receiving
a report. The Contractor shall be on-sight of any system outage within four (4) hours of
notification. Any system outage is to be continuously worked until the outage is resolved and
service has been restored. The Contractor shall furnish the State with a monthly report of all
system and subscriber maintenance requests and resolutions during the warranty and contracted
maintenance periods.
3.9.2 OPERATIONS PROGRAM 2 YEAR WARRANTY PERIOD (OP2YWP)
The Contractor shall provide an all inclusive Operations Program (network monitoring and control,
report generation, maintenance call-out, etc.) of all equipment installed for the 700 MHZ PSI-BWN
system for a period of two years from the date of the first user group or phase cutover.
3.9.3 MAINTENANCE AND INSPECTION PROGRAM POST WARRANTY PERIOD (M&IPPWP)
The Contractor shall provide an all inclusive Maintenance and Inspection Program of all installed
equipment excluding antenna supporting structures, equipment shelters, emergency power
systems, and site grounds for the 700 MHZ PSI-BWN system after the expiration of the
Maintenance and Inspection Program 2 Year Warranty Period. The M&IPPWP shall be for one 3-
Year period with three 3-Year renewable periods and one 2-Year renewable period. The
Contractor shall provide a toll free number for the reporting of System problems that will be
answered 24x7x365. The contractor shall initiate trouble resolution within 15 minutes of receiving
a report. The Contractor shall be on-sight of any system outage within four (4) hours of
notification. Any system outage is to be continuously worked until the outage is resolved and
service has been restored. The Contractor shall furnish the State with a monthly report of all
system and subscriber maintenance requests and resolutions during the warranty and contracted
maintenance periods.
3.9.4 OPERATIONS PROGRAM POST WARRANTY PERIOD (OPPWP)
The Contractor shall provide an all-inclusive Operations Program Post Warranty (OPPWP) for the
equipment installed for the 700 MHZ PSI-BWN system after the expiration of the Operations
Program 2 Year Warranty Period. The OPPWP shall be for one 3-Year period with three3-Year
renewable periods and one 2-Year renewable period. The Contractor shall provide system
administration, help desk operations, programming and configuration management, fleet map
development and maintenance, and system performance monitoring and report generation.
3.10 TRAINING
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3.10.1 GENERAL
The Contractor shall develop a comprehensive training program in designated segments for
instruction in the use and maintenance of the communications system for users of the States 700
MHZ PSI-BWN system. The Contractor shall train the personnel designated by the State in a
manner sufficient to allow the personnel to operate, maintain, and manage the system equipment
in an efficient manner and make informed decisions about the system.
3.10.2 TRAINING MATERIALS
The Contractor shall develop training materials suitable for each type of training and provide them
as a deliverable to be reviewed and accepted by the State Contract Manager. Training materials
shall include handout documents, visual aids, video and/or audio demonstrations, personal
computer software simulations, demonstration hardware, and testing materials. The Contractor
shall provide any other materials, which the State Contract Manager and the Contractor jointly
agree are necessary for the training of the States LTE system users.
3.10.3 TRAINING INSTRUCTORS
The Contractor shall provide an adequate number of training instructors for the purpose of
preparing and conducting training classes. The Contractor may assign the training instructors
other duties during the training period, providing such other duties shall not interfere with the
timely completion of any training. The absence of the training instructors from any other duties to
prepare and conduct training shall in no way hinder the timely completion of the system.
3.10.4 TYPES AND AREAS OF TRAINING
The Contractor shall provide comprehensive technical as well as Mobile Device user training for
all systems and sub-systems. Training shall include but not be limited to:
Backhaul Equipment and Operations
EPC Equipment and Operations
RAN Equipment and Operations
Equipment and Operations of M&O (Management and Operation) Center.
Mobile Device and Operations
3.10.5 TRAINING BY STATE TRAINERS AFTER SYSTEM ACCEPTANCE
The State will conduct such training as deemed necessary after the completion and acceptance of
the system. The State may record, on audio tape, video tape, or other methods, classes taught
by the Contractor for these purposes. The Contractor shall be responsible for training the State
trainers and shall also assist in the design of courses to be conducted by the State for the future
use of its personnel.
State Trainers may use and distribute the Contractor materials that are part of these courses. The
State reserves the right to duplicate training materials as required by system users of the State.
3.10.6 SCHEDULING
The State will have sole responsibility for scheduling of the personnel to attend classes, and the
times and locations of the classes. The State will determine the time and location of each class
and notify the Contractor twenty (20) days prior to the initial scheduled date of the training class
and ten (10) days prior to subsequent classes.
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3.10.7 ACCOUNTABILITY
The Contractor shall keep records of classes including duration of class, type of class, training
instructor, and names of students attending. The State reserves the right to audit the classes at
any time.
3.10.8 TRAINING COURSE DESCRIPTIONS
Instruction for all courses shall include, but not be limited to, classroom instruction, provision of
written user information/user cards/manuals, and hands-on demonstration of equipment of the
type to be used by each employee.
Courses will be scheduled by the State so that all personnel to be trained can attend during their
regular work shift. The training provided by the Contractor shall accommodate all work shifts for
the users of the State LTE system.
The training of subscribers shall occur no more than two weeks prior to the expected installation
and operation of the system.
3.10.8.1 Subscriber Training
Training shall be provided to the service users (subscribers) on Special Call Features, Use of Menu
and functions.
3.10.8.2 Systems Operation and Management Training
Training in the operation, management and control of all system components shall be provided as
requested by the State.
Subject matter to be addressed in training shall include, but not be limited to:
EPC Operation
LTE System Coverage
IP Multimedia Subsystem
System Diagnostics
System Subscription and Programming
System Maintenance
3.10.8.3 Backhaul Training
The Contractor shall provide training regarding the Network Management and Operations.
3.11 PAYMENT
The Contract may invoice the State upon acceptance by the State Contract Manager for each of
the following four (4) major milestones:
1. Completion of Phase 1: Hudson and Bergen Counties implemented including all
equipment, testing and training.
2. Completion of Phase 2: Union and Middlesex Counties implemented including all
3. Completion of Phase 3: Morris, Passaic, and Essex Counties implemented including all
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4. Completion of the Core System: 3GPP LTE/SAE compliant Core Network with full
operational functionality across the entire UASI region implemented including all
Maintenance costs will be paid as ordered on a per year basis at the start of each year.
Operations costs will be paid on a monthly basis based on the cost for the period ordered.
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4.0 BID PROPOSAL PREPARATION AND SUBMISSION
4.1 GENERAL
The bidder is advised to thoroughly read and follow all instructions contained in this RFP,
including the instructions on the RFPs signatory page, in preparing and submitting its bid
proposal.
Note: Bid proposals shall not contain URLs (Uniform Resource Locators, i.e., the global address
of documents and other resources on the world wide web) or web addresses. Inasmuch as the
web contains dynamically changing content, inclusion of a URL or web address in a bid response
is indicative of potentially changing information. Inclusion of a URL or web address in a bid
response implies that the bid's content changes as the referenced web pages change.
The forms discussed herein and required for submission of a bid proposal in response to
this RFP are available on the web at
http://www.state.nj.us/treasury/purchase/bid/summary/<bid#>.shtml
unless noted otherwise.
4.2 BID PROPOSAL DELIVERY AND IDENTIFICATION
In order to be considered, a bid proposal must arrive at the Purchase Bureau in accordance with
the instructions on the RFP signatory page accompanying this RFP. Bidders are cautioned to
allow adequate delivery time to ensure timely delivery of bid proposals. State regulation
mandates that late bid proposals are ineligible for consideration. THE EXTERIOR OF ALL
BID PROPOSAL PACKAGES ARE TO BE LABELED WITH THE BID IDENTIFICATION
NUMBER AND THE FINAL BID OPENING DATE OR RISK NOT BEING RECEIVED IN TIME.
4.3 EBID VS NON-EBID SUBMISSION INSTRUCTION
4.3.1 EBID SUBMISSION OF BID PROPOSAL
If the bidder is submitting an eBid, hard copy submission is not required. Instructions detailing
how to enroll in and submit an eBid are available on the web at
http://www.state.nj.us/treasury/purchase/index.shtml. Should the bidder choose to submit both an
eBid and a hard copy of the bidder's proposal, the eBid proposal will prevail in the event of a
discrepancy between the electronic and paper versions.
4.3.2 NON-EBID SUBMISSION
If the bidder is not submitting an eBid, the bidder must submit the following bid proposal copies:
One (1) complete ORIGINAL bid proposal, clearly marked as the ORIGINAL bid proposal.
Four (4) complete and exact copies, clearly marked "COPY".
One (1) unbound, complete and exact copy of the original, clearly marked "COPY.
One complete and exact ELECTRONIC copy of the original proposal in PDF file format on disc
(CD or DVD) to be viewable and "read only" by State evaluators using Adobe Acrobat Reader
software.
One (1) complete and exact ELECTRONIC copy of the original proposal in an editable and
"writable" PDF file format on disc (CD or DVD) for redaction.
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Copies are necessary in the evaluation of the bid proposal and for record retention purposes. A
bidder failing to provide the requested number of copies will be charged the cost incurred by the
State in producing the requested number of copies. It is suggested that the bidder make and
retain a copy of its bid proposal.
4.4 BID PROPOSAL CONTENT
The bid proposal should be submitted in two volumes with the content of each volume as
indicated below.
Volume 1
Section 1 - Forms (Sections 4.4.1 and 4.4.2)
Section 2 - Technical Proposal (Section 4.4.3) NOTE: This section of the bidders
submission should be no smaller than a 12 point font.
Section 3 - Organizational Support and Experience (Section 4.4.4)

Volume 2
Section 4 Price Schedule (Section 4.4.5)
4.4.1 FORMS REQUIRED WITH BID PROPOSAL
4.4.1.1 Signatory page
The bidder shall complete, including signature of an authorized representative of the bidder, and
submit the Signatory Page accompanying this RFP. If the bidder is a limited partnership, the
Signatory Page must be signed by a general partner. If the bidder is a joint venture, the
Signatory Page must be signed by a principal of each party to the joint venture. Failure to comply
will result in rejection of the bid proposal.
4.4.1.2 Ownership Disclosure Form
In the event the bidder is a corporation, partnership or sole proprietorship, the bidder must
complete the attached Ownership Disclosure Form. A current completed Ownership Disclosure
Form must be received prior to or accompany the bid proposal. Failure to do so will preclude the
award of a contract.
4.4.1.3 Disclosure of Investigations/Actions Involving Bidder
The bidder shall provide a detailed description of any investigation, litigation, including
administrative complaints or other administrative proceedings, involving any public sector clients
during the past five (5) years including the nature and status of the investigation, and, for any
litigation, the caption of the action, a brief description of the action, the date of inception, current
status, and, if applicable, disposition. The bidder shall use the Disclosure of Investigations and
Actions Involving Bidder form for this purpose.
4.4.1.4 SET-ASIDE CONTRACTS
Pursuant to the provisions of N.J.S.A. 52:32-17 and N.J.A.C. 17:13, this contract, or a portion
thereof, has been designated as a set-aside contract for small business. As such, as indicated on
page one of this document, eligibility to bid is limited to bidders that meet statutory and regulatory
requirements and have had their eligibility determined by the New Jersey Division of Minority and
Women Business Development.
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As defined at N.J.A.C. 17:13-1.2, "Small Business" means a business that has its principal place
of business in the State of New Jersey, is independently owned and operated, and has no more
than 100 full-time employees. The program places small business into the following categories:
(i) those with gross revenues not exceeding $500,000; (ii) those with gross revenues not
exceeding $5 million; and (iii) those with gross revenues that do not exceed $12 million, or the
applicable federal revenue standards established at 13 CFR 121.201, whichever is higher. While
companies registered as having revenues below $500,000 can bid on any contract, those earning
more than the $500,000 and $5 million amounts will not be permitted to bid on contracts
designated for revenue classifications below their respective levels.
Inasmuch as this is a full or partial set-aside contract, the bidder should provide, as part of its
response to this solicitation, proof of its current registration as a qualifying small business with the
New Jersey Division of Minority and Women Business Development. Application and registration
requirements are presented on the web at
http://www.state.nj.us/treasury/revenue/busregcert.shtml, or by contacting that agency during
business hours as indicated below.
NEW JERSEY DEPARTMENT OF THE TREASURY
DIVISION OF REVENUE
MINORITY AND WOMEN BUSINESS DEVELOPMENT UNIT
33 WEST STATE STREET FIFTH FLOOR
PO BOX 026, TRENTON, NJ 08625-0026
TELEPHONE: 609-292-2146
FAX #: 609-292-8764
** IF THE BIDDER IS AN INCUMBENT CONTRACTOR AND/OR HAS PREVIOUSLY
REGISTERED OR BEEN CERTIFIED UNDER THE FORMER SBE/MBE/WBE PROGRAM, THE
BIDDER SHOULD ENSURE IT IS REGISTERED ON THE DAY OF BID RECEIPT AND
OPENING WITH THE DIVISION OF MINORITY AND WOMEN BUSINESS DEVELOPMENT
UNDER THE SMALL BUSINESS PROGRAM TO BE ELIGIBLE FOR AWARD.
IN ORDER TO EXPEDITE THE SMALL BUSINESS REGISTRATION PROCESS FOR THIS
PROCUREMENT, THE BIDDER MAY FAX A COPY OF RFP PAGE ONE (1) REFLECTING
THE BID SUBMISSION DUE DATE ALONG WITH THE COMPLETED SMALL BUSINESS
REGISTRATION FORM TO THE NEW JERSEY DIVISION OF MINORITY AND WOMEN
BUSINESS DEVELOPMENT TO THE FAX NUMBER ABOVE.
4.4.1.4.1 Small Business Subcontracting Set-Aside Contracts:
This is a contract with set-aside subcontracting goals for New Jersey Small Business
Enterprises.
4.4.1.5 SUBCONTRACTor Set-Aside FORMs
All bidders shall complete the Notice of Intent to Subcontract Form to advise the State as to
whether or not a subcontractor will be utilized to provide any goods or services under the
contract. If this is a small business subcontracting set-aside contract, refer to Section 4.4.1.4.1,
then the bidder must comply with the Procedures for Small Business Participation as
Subcontractors set forth in the Subcontractor Set-Aside Forms. Further, if the bidder intends to
utilize a subcontractor, then the Subcontractor Utilization Form must be completed and
submitted with the bid proposal. Bidders seeking eligible small businesses should contact the
New Jersey Division of Minority and Women Business Development at (609) 292-2146.
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Should the bidder propose to utilize a subcontractor(s) to fulfill any of its obligations, the bidder
shall be responsible for the subcontractors(s): (a) performance; (b) compliance with all of the
terms and conditions of the contract; and (c) compliance with the requirements of all applicable
laws.
N.J.A.C. 17:13-4 mandates that if the bidder proposes to utilize a subcontractor, the bidder must
make a good faith effort to meet the set-aside subcontracting targets of awarding a total of
twenty-five percent (25%) of the value of the contract to New Jersey-based, New Jersey Division
of Minority and Women Business Development registered small businesses, with a minimum of
five (5) percent awarded to each of the three categories set forth below, and the balance of ten
(10) percent spread across the three annual gross revenue categories: Category I $1 to
$500,000; Category II $500,001 to $5,000,000; Category III $5,000,001 to $12,000,000 or
the applicable federal revenue standards established at 13 CFR 121.201, whichever is higher.
Should the bidder choose to use subcontractors and fail to meet the small business
subcontracting targets set forth above, the bidder must submit documentation demonstrating its
good faith effort to meet the targets with its bid proposal or within seven (7) business days upon
request.
4.4.1.6 BID BOND
4.4.2 FORMS REQUIRED BEFORE CONTRACT AWARD AND THAT SHOULD BE SUBMITTED WITH
THE BID PROPOSAL
4.4.2.1 MacBride Principles Certification
NOTE: Under new Division of Purchase and Property procedures, a bidders/offerors
completion and submission of a MacBride Principles form is not requested or required. Instead,
by signing the RFP Signatory Page, or by entering its PIN if submitting an e-Bid proposal, the
bidder/offeror is automatically certifying its commitment and compliance to the MacBride
principles. Therefore, since certification is pre-supposed, a bidder/offeror electing not to certify
to the MacBride Principles must, in addition to signing the RFP Signatory Page, include, as part
of its proposal, a clear and forthright declaration of its non-certification.
For information concerning the revised procedures and provisions, see the MacBride Principles
- Certification segment of the section of this RFP titled Special Contractual Terms and
Conditions.
4.4.2.2 BUSINESS REGISTRATION
In accordance with N.J.S.A. 52:32-44.1(b) (revised by L. 2009, c. 315, January 18, 2010), a
bidder and its named subcontractors must have a valid Business Registration Certificate (BRC)
issued by the Department of Treasury, Division of Revenue prior to the award of a contract. To
facilitate the bid proposal evaluation and contract award process, the bidder should submit a copy
of its valid BRC and those of any named subcontractors with its bid proposal.
Any bidder, inclusive of any named subcontractors, who does not have a valid business
registration at the time of bid opening or whose BRC was revoked prior to the submission of the
bid proposal should proceed immediately to register its business or seek re-instatement of a
revoked BRC. Bidders are cautioned that it may require a significant amount of time to secure the
re-instatement of a revoked BRC. The process can require actions by both the Division of
Revenue and the Division of Taxation. For this reason, a bidders early attention to this
46
requirement is highly recommended. The bidder and its named subcontractors may register with
the Division of Revenue, obtain a copy of an existing BRC or obtain information necessary to seek
re-instatement of a revoked BRC online at http://www.state.nj.us/treasury/revenue/busregcert.shtml.
A bidder otherwise identified by the Purchase Bureau as a responsive and responsible bidder,
inclusive of any named subcontractors, but that was not business registered at the time of
submission of its bid proposal must be so registered and in possession of a valid BRC by a
deadline to be specified in writing by the Purchase Bureau. A bidders failure to comply with this
requirement by the deadline specified by the Purchase Bureau will be deemed ineligible for
contract award. Under any circumstance, the Purchase Bureau will rely upon information
available from computerized systems maintained by the State as a basis to verify independently
compliance with the requirement for business registration.
A bidder receiving a contract award as a result of this procurement and any subcontractors
named by that bidder will be required to maintain a valid business registration with the Division of
Revenue for the duration of the executed contract, inclusive of any contract extensions.
4.4.2.3 SERVICES SOURCE DISCLOSURE FORM
Pursuant to N.J.S.A. 52:34-13.2, prior to an award of contract, the bidder is required to submit a
completed source disclosure form. The bidders inclusion of the completed Services Source
Disclosure Form with the proposal is requested and advised. Refer to RFP Section 7.1.2 for
additional information concerning this requirement.
4.4.3 TECHNICAL PROPOSAL
In this section, the bidder shall describe its approach and plans for accomplishing the work
outlined in the Scope of Work section, i.e., Section 3.0. The bidder must set forth its
understanding of the requirements of this RFP and its ability to successfully complete the
contract. This section of the bid proposal shall minimally contain the information identified below.
1. Executive Summary of the proposal.
2. System Overview detailing how the bidder intends to meet each of the requirements
contained in Section 3.0.
3. A technical narrative explaining how the system shall function and how the functionality
meets the requirements of the scope of work.
4. An equipment list detailing the make, model and quantity of each system component
(including hardware and software) to be provided.
5. Specification sheets for each system component that clearly describes how each
component is capable of working in a manner that would allow the system to meet the
requirements of the scope of work.
6. High Level Technology roadmap for solution/product(s) offered.
7. Adherence to Current and Future Federal Communications Commission Rules and
Regulations.
4.4.3.1 Management Overview
The bidder shall set forth its overall technical approach and plans to meet the requirements of
the RFP in a narrative format. This narrative should convince the State that the bidder
understands the objectives that the contract is intended to meet, the nature of the required work
and the level of effort necessary to successfully complete the contract. This narrative should
convince the State that the bidders general approach and plans to undertake and complete the
contract are appropriate to the tasks and subtasks involved.
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Mere reiterations of RFP tasks and subtasks are strongly discouraged, as they do not provide
insight into the bidder's ability to complete the contract. The bidders response to this section
should be designed to convince the State that the bidders detailed plans and approach
proposed to complete the Scope of Work are realistic, attainable and appropriate and that the
bidders bid proposal will lead to successful contract completion.
4.4.3.2 Contract Management
The bidder should describe its specific plans to manage, control and supervise the contract to
ensure satisfactory contract completion according to the required schedule. The plan should
include the bidder's approach to communicate with the State Contract Manager including, but not
limited to, status meetings, status reports, etc.
4.4.3.3 CONTRACT SCHEDULE
Bidder shall include in the proposal a preliminary project schedule for Phases 1, 2, and 3. Entire
mandatory implementation (i.e. RAN coverage in NJ-UASI Region; and allied Core Network) is
desired within 16 months. Phase 2 detailed design will start one month after the initiation of Phase
1 detailed design process. Phase 3 detailed design will start one month after the initiation of the
Phase 2 detailed design process.
The Bidder shall prepare a preliminary project schedule using Microsoft Project that depicts the
tasks, events, and milestones. Bidder shall provide both a printed and electronic copy of the
schedule as part of its proposal. At a minimum, the proposed 700 MHZ PSI-BWN schedule shall
include the following activities and milestones.
Activity No. Activity Description
Overall
1. Contract execution
2. Phase 1, 2, and 3 site assessments (review/analysis of sites previously
assessed by 3
rd
party), acquisitions/purchase options (if any)
3. Construction Permits Process (if any)
4. Network (LTE RAN/CN) deployment
5. Backhaul Evaluation and deployment
6. Acceptance test
7. Phase acceptance milestones
8. System acceptance milestone
Per Phase
1. Notice to proceed
2. Detailed design review process
3. Submittals
4. Detailed design plan
5. Contract release (purchase order)
6. Site installations complete (all sites site development, antenna supporting
structures, equipment shelters)
7. Site inspections complete (all sites-site development, antenna supporting
structures, equipment shelters
8. Backhaul installation milestone
9. 700 MHz LTE RAN/EPC equipment installation milestone
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10. 700 MHz LTE/EPC equipment integration milestone
11. Phase acceptance milestone
4.4.3.4 mobilization and implementation plan
4.4.3.5 Potential Problems
The bidder should set forth a summary of any and all problems that the bidder anticipates during
the term of the contract. For each problem identified, the bidder should provide its proposed
solution.
4.4.4 ORGANIZATIONAL SUPPORT AND EXPERIENCE
The bidder should include information relating to its organization, personnel, and experience,
including, but not limited to, references, together with contact names and telephone numbers,
evidencing the bidder's qualifications, and capabilities to perform the services required by this
RFP. This section of the bid proposal must minimally contain the information identified below.
4.4.4.1 Location
The bidder should include the address of the bidder's office that will be responsible for managing
the contract. The bidder should include the telephone number and name of the individual to
contact.
4.4.4.2 Organization Charts
a. Contract-Specific Chart. The bidder should include a contract organization chart, with
names showing management, supervisory and other key personnel (including subcontractor
management, supervisory or other key personnel) to be assigned to the contract. The chart
should include the labor category and title of each such individual.
b. Chart for Entire Firm. The bidder should include an organization chart showing the
bidders entire organizational structure. This chart should show the relationship of the individuals
assigned to the contract to the bidder's overall organizational structure.
4.4.4.3 Resumes
Detailed resumes should be submitted for all management, supervisory and key personnel to be
assigned to the contract. Resumes should be structured to emphasize relevant qualifications
and experience of these individuals in successfully completing contracts of a similar size and
scope to those required by this RFP. Resumes should include the following:
The individual's previous experience in completing each similar contract.
Beginning and ending dates should be given for each similar contract.
A description of the contract should be given and should demonstrate how the
individual's work on the completed contract relates to the individual's ability to contribute
to successfully providing the services required by this RFP.
With respect to each similar contract, the bidder should include the name and address of
each reference together with a person to contact for a reference check and a telephone
number.
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The bidder should provide detailed resumes for each subcontractors management, supervisory
and other key personnel that demonstrate knowledge, ability and experience relevant to that part
of the work which the subcontractor is designated to perform.
4.4.4.4 Backup Staff
The bidder should include a list of backup staff that may be called upon to assist or replace
primary individuals assigned. Backup staff must be clearly identified as backup staff.
In the event the bidder must hire management, supervisory and/or key personnel if awarded the
contract, the bidder should include, as part of its recruitment plan, a plan to secure backup staff
in the event personnel initially recruited need assistance or need to be replaced during the
contract term.
4.4.4.5 Experience with Contracts of Similar Size and Scope
The bidder should provide a comprehensive listing of contracts of similar size and scope that it
has successfully completed, as evidence of the bidders ability to successfully complete the
services required by this RFP. Emphasis should be placed on contracts that are similar in size
and scope to the work required by this RFP. A description of all such contracts should be
included and should show how such contracts relate to the ability of the firm to complete the
services required by this RFP. For each such contract, the bidder should provide two names
and telephone numbers of individuals for the other contract party. Beginning and ending dates
should also be given for each contract.
The bidder should provide documented experience to demonstrate that each subcontractor has
successfully performed work on contracts of a similar size and scope to the work that the
subcontractor is designated to perform in the bidders proposal. The bidder must provide a
detailed description of services to be provided by each subcontractor.
4.4.4.6 Financial Capability of the Bidder
In order to provide the State with the ability to judge the bidders financial capacity and
capabilities to undertake and successfully complete the contract, the bidder should submit
certified financial statements to include a balance sheet, income statement and statement of
cash flow, and all applicable notes for the most recent calendar year or the bidders most recent
fiscal year. If certified financial statements are not available, the bidder should provide either a
reviewed or compiled statement from an independent accountant setting forth the same
information required for the certified financial statements, together with a certification from the
Chief Executive Officer and the Chief Financial Officer, that the financial statements and other
information included in the statements fairly present in all material respects the financial
condition, results of operations and cash flows of the bidder as of, and for, the periods presented
in the statements. In addition, the bidder should submit a bank reference.
If the information is not supplied with the bid proposal, the State may still require the bidder to
submit it. If the bidder fails to comply with the request within seven (7) business days, the State
may deem the proposal non-responsive.
A bidder may designate specific financial information as not subject to disclosure when the
bidder has a good faith legal/factual basis for such assertion. Bidder may submit specific
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financial documents in a separate, sealed package clearly marked Confidential-Financial
Information along with the Bid Proposal.
The State reserves the right to make the determination to accept the assertion and shall so
advise the bidder.
4.4.5 DISASTER RECOVERY PLAN (DRP)
In addition to the inherit redundancy and fallback characteristics of the System proposed, the
Bidder shall provide a Disaster Recovery Plan (DRP) to include equipment and services. Bidder
shall provide a good faith estimate of the total costs in Section IX for the unique equipment
components and services for the DRP. The DRP shall address as a minimum the following major
subject areas:
System equipment
System components staged and/or pre-positioned in the NJ-UASI Region (and others sites
suitable for deployment of EPC that could handle the public safety traffic of entire state)
available for use
Additional pre-positioned transportable remote RAN/eNodeB sites in the NJ-UASI Region,
and for the entire State.
System spares
Complementary systems operated by other entities
Operational Recovery
Database protection and recovery
Response times for return to service (equipment and operations)
Recovery times for return to service (equipment and operations)
Continuity of Operations plan (outline)
Commitment by Contractor to prioritize resource allocations for the State and any
Contractor limitations that may impact that commitment
State Resource Requirements
The Bidder shall identify the complementary State resources (personnel, equipment, storage
areas, etc.) that are anticipated to support the DRP.
In planning for the above, Bidder must describe how its proposed solution addresses the
requirements of the New Jersey Office of Emergency Management to coordinate emergency
response via LTE/EPC (Long Term Evolution/Evolved Packet Core).
4.4.6 TECHNOLOGY ROAD MAP
Bidder shall provide a summary of its current product lines and/or platforms and future projections
of product lines or platforms it plans to deliver for supporting LTE/EPS. Included in this technology
roadmap are product lines and/or platforms that are post 700 MHZ PSI-BWN cutover and
acceptance. The technology roadmap forecast should be based on Bidders knowledge of existing
and forecasted rules and regulations of regulatory bodies as well as wireless industry trends and
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existing and emerging industry standards. Areas to be presented and addressed shall include, but
not be limited to, the following:
Backward and forward product compatibility
Planned obsolescence of the existing/legacy public safety networks and their evolution to
proposed solution. Also the life-cycle of 700 MHZ LTE/EPS and its evolution to LTE
Advanced as envisioned by 3GPP.
System components availability, maintenance support, and software support,
replacement/upgrading/updating options etc.
Trends in product life cycle
4.4.7 SYSTEM PROPAGATION ANALYSIS
The Bidder shall include detailed propagation maps in the proposal for NJ-UASI Region.
4.4.8 FCC SPECTRUM FREQUENNCY REQUIREMENTS
The Bidder shall submit with the proposal a preliminary frequency reuse plan.
4.4.9 BIDDER PROPOSED NEW SITES
The Bidder must specify site locations included in its proposal that require a new tower. If the
property (Bidder Proposed New Sites) is Not Owned by the State, the property will have to be
purchased or leased by the State. The Contractor shall furnish and install a new tower, shelter,
and generator and perform the necessary civil work required for these new sites.
4.4.10 WARRANTY
4.4.10.1 General
The Bidder shall fully describe and provide Warranty and Post Warranty services for the 700 MHZ
PSI-BWN system offered. These services shall be categorized as the following: Maintenance and
Inspection Program2 Year Warranty Period (M&IP2WP); Operations Program2 Year Warranty
Period (OP2YWP); Maintenance and Inspection ProgramPost Warranty Period (M&IPPWP); and
Operations ProgramPost Warranty Period (OPPWP). Renewal option for years 9-11 shallould
include hardware refresh for Core network components.
4.4.10.2 Maintenance and Inspection Program 2 Year Warranty Period (M&IP2WP)
Bidder shall fully describe its M&IP2WP. The description must include details regarding network
equipment operations, System equipment defects and repair, Mobile Devices, and software
execution and updates and how the M&IP2WP meets the requirements of RFP Section 3.91.
Bidder shall fully describe services for remedial and preventative maintenance as well as
response times, resolution times, and criteria for troubleshooting and return to service of system
components and critical system infrastructure. The Bidder must include information regarding
data contained in its reports as well as actual sample warranty maintenance report forms. At a
minimum, the following data is required:
Date and time notified
Date and time of arrival on site
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Description of equipment and malfunction reported
Original equipment manufacturer (OEM)
Diagnosis of failure and corrective work performed
Date and time failure was corrected
4.4.10.3 Operations Program 2 Year Warranty Period (OP2YWP)
Bidder shall fully describe its OP2YWP that shall include details regarding system administration,
help desk operations, programming and configuration management, fleet map development and
maintenance, and system performance monitoring and report generation. The description should
explain how the Bidder would meet the requirements in RFP Section 3.9.2.
4.4.10.4 Maintenance and Inspection Program Post Warranty Period (M&IPPWP)
Bidder shall fully describe its M&IPPWP. The description must include details regarding network
equipment operations, equipment break/fix and repair, and software updates. Bidder shall fully
describe services for remedial and preventative maintenance as well as response times,
resolution times, and criteria for troubleshooting and return to service of system components and
critical system infrastructure as related to RFP Section 3.9.3. The Bidder must include
information regarding data contained in its reports as well as actual sample warranty maintenance
report forms. At a minimum, the following data is required:
Date and time notified
Date and time of arrival on site
Description of equipment and malfunction reported
Original equipment manufacturer (OEM)
Diagnosis of failure and corrective work performed
Date and time failure was corrected
4.4.10.5 Operations Program Post Warranty Period (OPPWP)
The Bidder shall provide an all-inclusive Operations Program Post Warranty (OPPWP) for the
equipment installed for the 700 MHZ PSI-BWN system after the expiration of the Operations
Program 2 Year Warranty Period. The OPPWP shall be for one 3-Year period with three 3-Year
renewable periods and one 2-Year renewable period. Bidder shall fully describe its OPPWP
including how it will provide system administration, help desk operations, programming and
configuration management, fleet map development and maintenance, and system performance
monitoring and report generation to meet the requirements of RFP Section 3.9.4.
Relevant to RFP Section 5.9, the Bidder must explain:
proposed security measures to protect physical network components (functional entities,
routers/switches, buildings, etc).
how information that traverses the network will be kept secure.
how it will work with the State to address security threats, including access to tools and reports
that will aid in monitoring and tracing security threats.
4.4.11 PRICE SCHEDULE
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The bidder must submit its pricing using the format set forth in the State-supplied price sheet(s)
accompanying this RFP. Bidders shall follow the instructions contained in Attachment 2, Cost
Submittal Instruction Document. The Bidder shall complete Tables X-1through X-24 of the price
sheets. Failure to submit all information required may result in the bid being considered non-
responsive. Each bidder is required to hold its prices firm through issuance of contract.
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5.0 SPECIAL CONTRACTUAL TERMS AND CONDITIONS
5.1 PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS
The contract awarded as a result of this RFP shall consist of this RFP, addendum to this RFP, the
contractor's bid proposal and the Division's Notice of Award.
Unless specifically stated within this RFP, the Special Contractual Terms and Conditions of the
RFP take precedence over the NJ Standard Terms and Conditions version 05/13/10
accompanying this RFP.
In the event of a conflict between the provisions of this RFP, including the Special Contractual
Terms and Conditions and the NJ Standard Terms and Conditions version 05/13/10, and any
addendum to this RFP, the addendum shall govern.
In the event of a conflict between the provisions of this RFP, including any addendum to this RFP,
and the bidder's bid proposal, the RFP and/or the addendum shall govern.
5.2 CONTRACT TERM AND EXTENSION OPTION
The term of the contract shall be for a period of eighteen (18) years. The anticipated Contract
Effective Date is provided on the signatory page accompanying this RFP. If delays in the bid
process result in an adjustment of the anticipated Contract Effective Date, the bidder agrees to
accept a contract for the full term of the contract.
The contract may be extended for three (3) additional periods of up to one (1) year, by mutual
written consent of the contractor and the Director at the same terms, conditions and pricing. The
length of each extension shall be determined when the extension request is processed.
Should the contract be extended, the contractor shall be paid at the rates in effect in the last year
of the contract.
5.3 CONTRACT TRANSITION
In the event that a new contract has not been awarded prior to the contract expiration date, as
may be extended herein, it shall be incumbent upon the contractor to continue the contract under
the same terms and conditions until a new contract can be completely operational. At no time
shall this transition period extend more than 365 days beyond the expiration date of the contract.
5.4 CONTRACT AMENDMENT
Any changes or modifications to the terms of the contract shall be valid only when they have
been reduced to writing and signed by the contractor and the Director.
5.5 CONTRACTOR RESPONSIBILITIES
The contractor shall have sole responsibility for the complete effort specified in the contract.
Payment will be made only to the contractor. The contractor shall have sole responsibility for all
payments due any subcontractor.
The contractor is responsible for the professional quality, technical accuracy and timely
completion and submission of all deliverables, services or commodities required to be provided
under the contract. The contractor shall, without additional compensation, correct or revise any
errors, omissions, or other deficiencies in its deliverables and other services. The approval of
deliverables furnished under this contract shall not in any way relieve the contractor of
55
responsibility for the technical adequacy of its work. The review, approval, acceptance or
payment for any of the services shall not be construed as a waiver of any rights that the State
may have arising out of the contractors performance of this contract.
5.6 SUBSTITUTION OF STAFF
If it becomes necessary for the contractor to substitute any management, supervisory or key
personnel, the contractor shall identify the substitute personnel and the work to be performed.
The contractor must provide detailed justification documenting the necessity for the substitution.
Resumes must be submitted evidencing that the individual(s) proposed as substitution(s) have
qualifications and experience equal to or better than the individual(s) originally proposed or
currently assigned.
The contractor shall forward a request to substitute staff to the State Contract Manager for
consideration and approval. No substitute personnel are authorized to begin work until the
contractor has received written approval to proceed from the State Contract Manager.
5.7 SUBSTITUTION OR ADDITION OF SUBCONTRACTOR(S)
This Subsection serves to supplement but not to supersede Section 3.11 of the NJ Standard
Terms and Conditions version 05/13/10 accompanying this RFP.
If it becomes necessary for the contractor to substitute a subcontractor, add a subcontractor or
substitute its own staff for a subcontractor, the contractor will identify the proposed new
subcontractor or staff member(s) and the work to be performed. The contractor must provide
detailed justification documenting the necessity for the substitution or addition.
The contractor must provide detailed resumes of its proposed replacement staff or of the
proposed subcontractors management, supervisory and other key personnel that demonstrate
knowledge, ability and experience relevant to that part of the work which the subcontractor is to
undertake.
The qualifications and experience of the replacement(s) must equal or exceed those of similar
personnel proposed by the contractor in its bid proposal.
The contractor shall forward a written request to substitute or add a subcontractor or to substitute
its own staff for a subcontractor to the State Contract Manager for consideration. If the State
Contract Manager approves the request, the State Contract Manager will forward the request to
the Director for final approval.
No substituted or additional subcontractors are authorized to begin work until the contractor has
received written approval from the Director.
5.8 OWNERSHIP OF MATERIAL
All data, technical information, materials gathered, originated, developed, prepared, used or
obtained in the performance of the contract, including, but not limited to, all reports, surveys,
plans, charts, literature, brochures, mailings, recordings (video and/or audio), pictures, drawings,
analyses, graphic representations, software computer programs and accompanying
documentation and print-outs, notes and memoranda, written procedures and documents,
regardless of the state of completion, which are prepared for or are a result of the services
required under this contract shall be and remain the property of the State of New Jersey and shall
be delivered to the State of New Jersey upon 30 days notice by the State. With respect to
software computer programs and/or source codes developed for the State, the work shall be
considered work for hire, i.e., the State, not the contractor or subcontractor, shall have full and
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complete ownership of all software computer programs and/or source codes developed. To the
extent that any of such materials may not, by operation of the law, be a work made for hire in
accordance with the terms of this Agreement, contractor or subcontractor hereby assigns to the
State all right, title and interest in and to any such material, and the State shall have the right to
obtain and hold in its own name and copyrights, registrations and any other proprietary rights that
may be available.
Should the bidder anticipate bringing pre-existing intellectual property into the project, the
intellectual property must be identified in the bid proposal. Otherwise, the language in the first
paragraph of this section prevails. If the bidder identifies such intellectual property ("Background
IP") in its bid proposal, then the Background IP owned by the bidder on the date of the contract,
as well as any modifications or adaptations thereto, remain the property of the bidder. Upon
contract award, the bidder or contractor shall grant the State a non-exclusive, perpetual royalty
free license to use any of the bidder/contractor's Background IP delivered to the State for the
purposes contemplated by the contract.
5.9 SECURITY AND CONFIDENTIALITY
5.9.1 DATA CONFIDENTIALITY
All financial, statistical, personnel, customer and/or technical data supplied by the State to the
contractor are confidential. The contractor must secure all data from manipulation, sabotage,
theft or breach of confidentiality. The contractor is prohibited from releasing any financial,
statistical, personnel, customer and/or technical data supplied by the State that is deemed
confidential. Any use, sale, or offering of this data in any form by the contractor, or any individual
or entity in the contractors charge or employ, will be considered a violation of this contract and
may result in contract termination and the contractors suspension or debarment from State
contracting. In addition, such conduct may be reported to the State Attorney General for possible
criminal prosecution.
The contractor shall assume total financial liability incurred by the contractor associated with any
breach of confidentiality.
The contractor and all project staff including its subcontractor(s) must complete and sign
confidentiality and non-disclosure agreements provided by the State and require all staff to view
yearly security awareness and confidentiality training modules provided by the contractor. It shall
be the contractors responsibility to ensure that any new staff sign the confidentiality agreement
and complete the security awareness and confidentiality training modules within one month of the
employees start date.
Security clearance/background check for all contractors and project staff must be obtained and
provided to the State (to protect the State of New Jersey from losses resulting from contractor
employee theft, fraud or dishonesty).
5.9.2 SECURITY STANDARDS
1. Network Security: The contractor shall maintain the contractors network security that at
a minimum includes: network firewall provisioning, intrusion detection and prevention,
vulnerability assessments and regular independent third party penetration testing. The
contractor shall maintain network security that conforms to one of the following:
A. Current standards set forth and maintained by the National Institute of Standards
and Technology (NIST), including those at: http://web.nvd.nist.gov/view/ncp/repository
or
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B. Any recognized comparable security standard that the contractor then applies to its
own infrastructure and is approved by the NJ Office of Information Technology
(NJOIT). Industry standards such as ISO 27002, PCI Data Security Standard and
ISF Standard of Good Practice. Aligns with security best practices from SANS and
CISecurity.
The contractor shall be subject to the same security and infrastructure review
processes that are required by NJOIT and its partner Departments and Agencies. The
contractor shall submit relevant documentation and participate in the System
Architecture Review (SAR) process.
For outsourced hosting services, the contractor must demonstrate the ability to not
only secure the physical application infrastructure utilizing the above mentioned
security requirements, but also control and secure physical access to the application
hosting facilities, the racks supporting network infrastructure and processing server
equipment, web, application and database servers.
If the contractor is not supplying dedicated hardware resources to host State of New
Jersey applications and data, the contractor must demonstrate its strategy to maintain
application and/or stack isolation using commercially available security devices to
maintain security zones, routing isolation and access control to infrastructure devices
and access/security logging (AAA) within its infrastructure.
The contractor shall provide a detailed system design document showing a Network
Plan, Disaster Contingency Plan and Security Plan. Logical and physical diagrams are
required.
2. Application Security: The contractor at a minimum shall run application vulnerability
assessment scans during development and system testing. Vulnerabilities shall be
remediated prior to production release.
1. All systems and applications shall be subject to Vulnerability Assessment scans on
a regular basis.
3. Data Security: The contractor at a minimum shall protect and maintain the security of data
in accordance with generally accepted industry practices and to the standards and
practices required by NJOIT.
Any Personally Identifiable Information must be protected. All data must be classified
in accordance with the States Asset Classification and Control policy, 08-04-NJOIT
(www.nj.gov/it/ps). Additionally, data must be disposed of in accordance with the
States Information Disposal and Media Sanitation policy, 09-10-NJOIT
(www.nj.gov/it/ps).
Data usage, storage, and protection is subject to any applicable regulatory
requirements, including those for HIPAA (Health Insurance Portability and
Accountability Act), and PII (Personally Identifiable Information), Tax Information
Security Guidelines for Federal, State, and Local Agencies (IRS Publication 1075),
Payment Card Industry (PCI) Data Security Standard, State of New Jersey Identity
Theft Prevention Act, June 2005, State of New Jersey Drivers Privacy Protection Act
of 1994, Pub.L.103-322
4. Data Transmission: The contractor shall only transmit or exchange State of New Jersey
data with other parties when expressly requested in writing and permitted by and in
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accordance with requirements of the State of New Jersey. The contractor shall only
transmit or exchange data with the State of New Jersey or other parties through secure
means supported by current technologies. The contractor shall encrypt all data defined as
personally identifiable or confidential by the State of New Jersey or applicable law,
regulation or standard during any transmission or exchange of that data.
5. Data Storage: All data provided by the State of New Jersey or gathered by the contractor
on behalf of the State of New Jersey must be stored, processed, and maintained solely in
accordance with a project plan and system topology approved by the State Contract
Manager. No State data shall be processed on or transferred to any device or storage
medium including portable media, smart devices and/or USB devices, unless that device
or storage medium has been approved in advance in writing by the State Project Manager.
6. Data Scope: All provisions applicable to data include data in any form of transmission or
storage, including but not limited to: database files, text files, backup files, log files, XML
files, and printed copies of the data.
7. Data Re-Use: All State provided data shall be used expressly and solely for the purposes
enumerated in the contract. Data shall not be distributed, repurposed or shared across
other applications, environments, or business units of the contractor. No State data of any
kind shall be transmitted, exchanged or otherwise passed to other contractors or
interested parties except on a case-by-case basis as specifically agreed to in writing by
the State Contract Manager.
8. Data Breach: Unauthorized Release Notification: The contractor shall comply with all
applicable State and Federal laws that require the notification of individuals in the event of
unauthorized release of personally-identifiable information or other event requiring
notification. In the event of a breach of any of the contractors security obligations or other
event requiring notification under applicable law (Notification Event), the contractor shall
assume responsibility for informing the State Contract Manager and all such individuals in
accordance with applicable law and to indemnify, hold harmless and defend the State of
New Jersey and its trustees, officers, and employees from and against any claims,
damages, or other harm related to such Notification Event.
9. End of Agreement Data Handling: Upon termination of this Agreement the contractor shall
erase, destroy, and render unreadable all contractor copies of State data according to the
standards enumerated in accordance with the States Information Disposal and Media
Sanitation policy, 09-10-NJOIT (www.nj.gov/it/ps) and certify in writing that these actions
have been complete within 30 days of the termination of this Agreement or within 7 days of
the request of an agent of the State whichever shall come first.
10. Security Audit: The contractor must allow State assigned staff full access to all operations
for security inspections and audits which may include reviews of all issues addressed in
description of the security approach and willingness to enter into good faith discussions to
implement any changes.
5.9.3 SECURITY PLAN
The contractor must provide a security plan. The document shall describe the administrative,
physical, technical and systems controls to be used by the system and/or services. The
contractor's security plan must, at a minimum, provide security measures for the following areas:
- Facilities Physical Security
- System Security
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- System Data Security
- Administrative and Personnel Security
The security plan shall provide for review of the contractor's operations and control system. The
contractor shall have the capability to detect and report attempted unauthorized entries into the
facility and system. All security requirements for the contractor apply to development, testing,
production and backup systems.
The contractor shall provide a summary overview of the security document and describe how it
has been incorporated into a larger security program for automated data processing. In the plan,
the contractor shall highlight security features of the system.
In addition, the security plan shall identify and define:
Regulations and security requirements how the contractor will address security
requirements such as PCI, HIPAA, FISMA and etc.
System, Administrative and Personnel Security - the security responsibilities of and
supervision required for information owned and / or operated by the contractor.
Security responsibilities include responsibilities for administration of the
infrastructure, implementing or maintaining security and the protection of the
confidentiality, integrity, and availability of information systems or processes.
Workforce Security - the control process for hiring and terminating of contractors
employees, and method used for granting and denying access to the contractors
network, systems and applications. Identify and define audit controls when
employment of the employee terminates.
Role based security access the products and methods for role based security
and access to the contractors infrastructure and access to the States
infrastructure.
Password Management the appropriate password management controls to meet
defined regulation or security requirements.
Logging / Auditing controls the contractors audit control methods and
requirements.
Incident Management the methods for detecting, reporting and responding to an
incident, vulnerabilities and threats.
Vulnerability / Security Assessment the products and methods used for scanning
contractors infrastructure for vulnerabilities and remediation of the vulnerabilities.
Identify and define methods used for initiating and completing security
assessments.
Anti-virus / malware controls the products and methods for anti-virus and
malware controls that meet industry standards. It shall include policy statements
that require periodic anti-viral software checks of the system to preclude infections
and set forth its commitment to periodically upgrade its capability to maintain
maximum effectiveness against new strains of software viruses.
Firewall the products and methods for firewall control process and intrusion
detection methodology.
Database the products and methods for safeguarding the database(s).
Server and infrastructure the products and methods for "hardening" of the
hardware operating systems.
Transmission - the products and methods on how its system addresses security
measures regarding communication transmission, access and message validation.
Data Integrity the products and methods on the integrity of all stored data and the
electronic images, and the security of all files from unauthorized access. The
contractor must be able to provide reports on an as-needed basis on the access or
change for any file within the system.
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5.10 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.
5.11 ADVERTISING
The contractor shall not use the States 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.
5.12 LICENSES AND PERMITS
The contractor shall obtain and maintain in full force and effect all required licenses, permits, and
authorizations necessary to perform this contract. The contractor shall supply the State Contract
Manager with evidence of all such licenses, permits and authorizations. This evidence shall be
submitted subsequent to the contract award. All costs associated with any such licenses, permits
and authorizations must be considered by the bidder in its bid proposal.
5.13 CLAIMS AND REMEDIES
5.13.1 CLAIMS
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.
5.13.2 REMEDIES
Nothing in the contract shall be construed to be a waiver by the State of any warranty, expressed
or implied, of any remedy at law or equity, except as specifically and expressly stated in a writing
executed by the Director.
5.13.3 REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL CONTRACT REQUIREMENTS
In the event that the contractor fails to comply with any material contract requirements, the
Director may take steps to terminate the contract in accordance with the State administrative code
and/or authorize the delivery of contract items by any available means, with the difference
between the price paid and the defaulting contractor's price either being deducted from any
monies due the defaulting contractor or being an obligation owed the State by the defaulting
contractor.
5.14 LATE DELIVERY
The contractor must immediately advise the State Contract Manager of any circumstance or event
that could result in late completion of any task or subtask called for to be completed on a date
certain.
5.15 RETAINAGE
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5.16 STATE'S OPTION TO REDUCE SCOPE OF WORK
The State has the option, in its sole discretion, to reduce the scope of work for any task or subtask
called for under this contract. In such an event, the Director shall provide advance written notice
to the contractor.
Upon receipt of such written notice, the contractor will submit, within five (5) working days to the
Director and the State Contract Manager, an itemization of the work effort already completed by
task or subtask. The contractor shall be compensated for such work effort according to the
applicable portions of its price schedule.
5.17 SUSPENSION OF WORK
The State Contract Manager may, for valid reason, issue a stop order directing the contractor to
suspend work under the contract for a specific time. The contractor shall be paid until the
effective date of the stop order. The contractor shall resume work upon the date specified in the
stop order, or upon such other date as the State Contract Manager may thereafter direct in
writing. The period of suspension shall be deemed added to the contractor's approved schedule
of performance. The Director and the contractor shall negotiate an equitable adjustment, if any, to
the contract price.
5.18 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 as 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.
5.19 CONTRACT PRICE INCREASE (PREVAILING WAGE)
If the Prevailing Wage Act (N.J.S.A. 34:11-56 et seq.) is applicable to the contract, the contractor
may apply to the Director, on the anniversary of the effective date of the contract, for a contract
price increase. The contract price increase will be available only for an increase in the prevailing
wages of trades and occupations covered under this contract during the prior year. The
contractor must substantiate with documentation the need for the increase and submit it to the
Director for review and determination of the amount, if any, of the requested increase, which shall
be available for the upcoming contract year. No retroactive increases will be approved by the
Director.
5.20 PUBLIC WORKS CONTRACT-ADDITIONAL AFFIRMATIVE ACTION REQUIREMENT
N.J.S.A. 10:5-33 requires that:
During the performance of this contract, the contractor agrees as follows:
a) The contractor or subcontractor, where applicable, will not discriminate
against any employee or applicant for employment because of age, race,
creed, color, national origin, ancestry, marital status, affectional or sexual
orientation, gender identity or expression, disability, nationality or sex.
Except with respect to affectional or sexual orientation and gender identity
or expression, the contractor will take affirmative action to ensure that
such applicants are recruited and employed, and that employees are
treated during employment, without regard to their age, race, creed, color,
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national origin, ancestry, marital status, affectional or sexual orientation,
gender identity or expression, disability, nationality or sex. Such action
shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth
the provisions of this nondiscrimination clause;
b) The contractor or subcontractor, where applicable will, in all
solicitations or advertisements for employees placed by or on behalf of
the contractor, state that all qualified applicants will receive consideration
for employment without regard to age, race, creed, color, national origin,
ancestry, marital status, affectional or sexual orientation, gender identity
or expression, disability, nationality or sex;
c) The contractor or subcontractor where applicable, will send to each
labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice, to be
provided by the agency contracting officer, advising the labor union or
workers' representative of the contractor's commitments under this act
and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
5.21 ADDITIONAL WORK AND/OR SPECIAL PRODUCTS
The contractor shall not begin performing any additional work or special projects without first
obtaining written approval from both the State Contract Manager and the Director.
In the event of additional work and/or special projects, the contractor must present a written
proposal to perform the additional work to the State Contract Manager. The proposal should
provide justification for the necessity of the additional work. The relationship between the
additional work and the base contract work must be clearly established by the contractor in its
proposal.
The contractors written proposal must provide a detailed description of the work to be performed
broken down by task and subtask. The proposal should also contain details on the level of effort,
including hours, labor categories, etc., necessary to complete the additional work.
The written proposal must detail the cost necessary to complete the additional work in a manner
consistent with the contract. The written price schedule must be based upon the hourly rates, unit
costs or other cost elements submitted by the contractor in the contractors original bid proposal
submitted in response to this RFP. Whenever possible, the price schedule should be a firm, fixed
price to perform the required work. The firm fixed price should specifically reference and be tied
directly to costs submitted by the contractor in its original bid proposal. A payment schedule, tied
to successful completion of tasks and subtasks, must be included.
Upon receipt and approval of the contractors written proposal, the State Contract Manager shall
forward same to the Director for the Directors written approval. Complete documentation from
the Using Agency, confirming the need for the additional work, must be submitted.
Documentation forwarded by the State Contract Manager to the Director must include all other
required State approvals, such as those that may be required from the State of New Jerseys
Office of Management and Budget and Office of Information and Technology.
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No additional work and/or special project may commence without the Directors written approval.
In the event the contractor proceeds with additional work and/or special projects without the
Directors written approval, it shall be at the contractors sole risk. The State shall be under no
obligation to pay for work performed without the Directors written approval.
5.22 FORM OF COMPENSATION AND PAYMENT
This section supplements Section 4.5 of the NJ Standard Terms and Conditions version 05/13/10
accompanying this RFP. 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 or subtasks detailed in the
Scope of Work section of the RFP and must be in strict accordance with the firm, fixed prices
submitted for each task or subtask on the RFP pricing sheets. When applicable, invoices should
reference the appropriate RFP price sheet line number from the contractors bid proposal. All
invoices must be approved by the State Contract Manager before payment will be authorized. If
the contract has multiple users, then the State Contract Manager shall be the central coordinator
of the use of the contract for all Using Agencies, while other State employees engage contractors
and approve and pay invoices.
In addition, primary contractors must provide, on a monthly and cumulative basis, a breakdown in
accordance with the budget submitted, of all monies paid to any small business subcontractor(s).
This breakdown shall be sent to the Purchase Bureau representative assigned to this contract.
Invoices must also be submitted for any special projects, additional work or other items properly
authorized and satisfactorily completed under the contract. Invoices shall be submitted according
to the payment schedule agreed upon when the work was authorized and approved. Payment
can only be made for work when it has received all required written approvals and has been
satisfactorily completed.
The State Contract Manager or designee shall monitor and approve the hours of work and the
work accomplished by contractor hourly labor and shall document both the work and the approval.
Payment shall not be made without such documentation. For contracts awarded on a time and
material or hourly basis, the State Contract Manager or designee shall monitor and approve the
hours of work accomplished by contractor hourly labor and shall document both the work and the
approval. Payment shall not be made without such documentation. A form of timekeeping record
that should be adapted as appropriate for the Scope of Work being performed can be found at:
http://www.nj.gov/treasury/purchase/forms/Vendor_Timesheet.xls.
5.22.1 PAYMENT TO CONTRACTOR OPTIONAL METHOD
The State now offers State contractors the opportunity to be paid through the MasterCard
procurement card (p-card). A contractors acceptance and a State agencys use of the p-card,
however, are optional.
P-card transactions do not require the submission of either a contractor invoice or a State
payment voucher. Purchasing transactions using the p-card will usually result in payment to a
contractor in three (3) days.
A contractor should take note that there will be a transaction-processing fee for each p-card
transaction. To participate, a contractor must be capable of accepting the MasterCard. Additional
information can be obtained from banks or merchant service companies.
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5.23 MODIFICATIONS AND CHANGES TO THE NJ STANDARD TERMS AND CONDITIONS VERSION
05/13/10
5.23.1 PATENT AND COPYRIGHT INDEMNITY
Section 2.1 of the NJ Standard Terms and Conditions version 05/13/10 is deleted and replaced
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 of 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.
5.23.2 INDEMNIFICATION
Section 2.2 of the NJ Standard Terms and Conditions version 05/13/10 is deleted and replaced
with the following:
2.2 Indemnification
The contractor's liability to the State for actual, direct damages resulting
from the contractor's performance or non-performance, or in any manner
related to the contract, for any and all claims, shall be limited in the
aggregate to 500 % of the value of the contract, except that such
limitation of liability shall not apply to the following:
1. The contractor's obligation to indemnify the State of New Jersey and its
employees from and against any claim, demand, loss, damage or
expense relating to bodily injury or the death of any person or damage to
real property or tangible personal property, incurred from the work or
materials supplied by the contractor under the contract caused by
negligence or willful misconduct of the contractor;
2. The contractor's breach of its obligations of confidentiality; and,
3. Contractor's liability with respect to copyright indemnification.
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The contractor's indemnification obligation is not limited by but is in
addition to the insurance obligations contained in Section 2.3 of the NJ
Standard Terms and Conditions version 05/13/10.
The contractor shall not be liable for special, consequential, or incidental
damages.
5.23.3 INSURANCE - PROFESSIONAL LIABILITY INSURANCE
Section 2.3 of the NJ Standard Terms and Conditions version 05/13/10 regarding insurance is
modified with the addition of the following section regarding Professional Liability Insurance.
d. Professional Liability Insurance: The contractor shall carry Errors and
Omissions, Professional Liability Insurance and/or Professional Liability
Malpractice Insurance sufficient to protect the contractor from any liability
arising out the professional obligations performed pursuant to the
requirements of the contract. The insurance shall be in the amount of not
less than $5,000,000 and in such policy forms as shall be approved by
the State. If the Contractor has claims-made coverage and subsequently
changes carriers during the term of the contract, it shall obtain from its
new Errors and Omissions, Professional Liability Insurance and/or
Professional Malpractice Insurance carrier an endorsement for retroactive
coverage.
5.24 CONTRACT ACTIVITY REPORT
As required by paragraph 3.19 of the NJ Standard Terms and Conditions version 05/13/10
accompanying this RFP, contractor(s) must provide, on a calendar quarter basis, to the assigned
Purchase Bureau representative, a record of all purchases made under the contract resulting from
this RFP. This reporting requirement includes sales to State using agencies, political sub-
divisions thereof and, if permitted under the terms of the contract, sales to counties,
municipalities, school districts, volunteer fire departments, first aid squads and rescue squads,
independent institutions of higher education, state and county colleges and quasi-state agencies.
Quasi-state agencies include any agency, commission, board, authority or other such
governmental entity which is established and is allocated to a State department or any bi-state
governmental entity of which the State of New Jersey is a member.
This information must be provided in a tabular format such that an analysis can be made to
determine the following:
Contractors total sales volume to each purchaser under the contract, subtotaled by
product, including, if applicable, catalog number and description, price list with appropriate
page reference and/or contract discount applied.
Total dollars paid to subcontractors.
Submission of purchase orders, confirmations, and/or invoices do not fulfill this contract
requirement for information. Failure to report this mandated information will be a factor in future
award decisions.
Contractors must submit the required information in Microsoft Excel format.
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5.25 MACBRIDE PRINCIPLES CERTIFICATION
Pursuant to the intent and provisions of N.J.S.A. 52:34-12.2, State contracts to comply with
MacBride principles and Northern Ireland Act of 1989, prior to an award of a State contract, an
offeror slated to receive said award shall certify, by signature, that it has no business operations in
Northern Ireland, or, if it has ongoing business operations in Northern Ireland, or will perform
business in Northern Ireland during the term of the contract, that it will take lawful steps in good
faith to conduct business operations in Northern Ireland in accordance with the MacBride
principles of nondiscrimination in employment as set forth at N.J.S.A. 52:18A-89.5, Standards for
corporate activity, and in conformance with the United Kingdoms Fair Employment (Northern
Ireland) Act of 1989, and permit independent monitoring of its compliance with those principles.
Such certification, if willfully false or if violated during the term of the contract, shall subject the
contractor to various corrective and punitive actions as may be appropriate and provided by law,
rule or contract, including, but not limited to, imposed sanctions, forced compliance, recovery of
damages, declaration of default, and suspension and/or debarment.
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6.0 PROPOSAL EVALUATION
6.1 RIGHT TO WAIVE
The Director reserves the right to waive minor irregularities. The Director also reserves the right
to waive a mandatory requirement provided that:
(1) the requirement is not mandated by law;
(2) all of the otherwise responsive proposals failed to meet the mandatory requirement; or
(3) in the sole discretion of the Director, the failure to comply with the mandatory requirement
does not materially affect the procurement or the State's interests associated with the
procurement.
6.2 PROPOSAL EVALUATION COMMITTEE
Bid proposals may be evaluated by an Evaluation Committee composed of members of affected
departments and agencies together with representative(s) from the Purchase Bureau.
Representatives from other governmental agencies may also serve on the Evaluation
Committee. On occasion, the Evaluation Committee may choose to make use of the expertise of
outside consultant in an advisory role.
6.3 ORAL PRESENTATION AND/OR CLARIFICATION OF BID PROPOSAL
After the submission of bid proposals, unless requested by the State as noted below, vendor
contact with the State is still not permitted.
After reviewing bid proposals, the Buyer or the Evaluation Committee (generically, the
evaluation committee) may ask one, some or all of the bidders to clarify certain aspects of their
proposals. A request for clarification may be made in order to resolve minor ambiguities,
irregularities, informalities or clerical errors. Clarifications cannot correct any deficiencies or
material omissions or revise or modify a proposal, except to the extent that correction of
apparent clerical mistakes results in a modification.
The bidder may be required to give an oral presentation to the State concerning its bid proposal.
Bidders may not attend the oral presentations of their competitors.
It is within the States discretion whether to require the bidder to give an oral presentation or
require the bidder to submit written responses to questions regarding its bid proposal. Action by
the State in this regard should not be construed to imply acceptance or rejection of a bid
proposal. The Purchase Bureau buyer will be the sole point of contact regarding any request for
an oral presentation or clarification.
6.4 EVALUATION CRITERIA
The following evaluation criteria categories, not necessarily listed in order of significance, will be
used to evaluate bid proposals received in response to this RFP. The evaluation criteria
categories may be used to develop more detailed evaluation criteria to be used in the evaluation
process:
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6.4.1 TECHNICAL EVALUATION CRITERIA
Each responsive bid proposal will receive a Technical Evaluation Score which will be the
average of each voting members Technical Evaluation Score for the proposal. The following
evaluation criteria categories, not necessarily listed in order of significance, will be used to
evaluate bid proposals received in response to this RFP. The evaluation criteria categories may
be used to develop more detailed evaluation criteria to be used in the evaluation process:
A. The bidders technical response to the scope of work including the response to the LTE
network specifications, software compatibility and integration, disaster recover and the
technology road map.
B. The qualifications and experience of the bidder including coporate information, management,
supervisory or key personnel assigned to the contract, including the candidates recommended
for each of the positions/roles required. Corporate evaluation will be based on the Bidders
experience on projects of similar size and scope, the bidders contract management plan and
contract organizational chart. Personnel evaluations will be based on submitted resumes and
how well they match to the requirements of Section 3.0 as well as on documented experience
in successfully completing work on contracts of similar size and scope to the work required by
this RFP.
C. The Bidders response to the maintenance inspection and operations requirements, testing
and acceptance requirements and training.
6.4.2 BIDDERS PRICE SCHEDULE
For evaluation purposes, bidders will be ranked according to the total bid price located on the
Price Sheet accompanying this RFP.
For evaluation purposes, bidders will be ranked according to the formula:
Cost Proposal Score = predetermined points x (lowest cost proposal/evaluating cost proposal)
The proposal with the highest score will be ranked the highest.
The cost proposal ranked will be the lowest acceptable cost proposal between the original cost
proposal and the Best and Final Offer proposal submitted by each bidder.
6.4.3 TOTAL PROPOSAL SCORE
Each evaluated proposal will receive a Total Proposal Score based on the following formula:
Technical Evaluation Score + Cost Proposal Score = Total Proposal Score. The Technical
Evaluation Score used will be the average of the combined Technical Evaluation Score (sum of
each voting member technical evaluation score divided by the number of voting members).
The bidder receiving the highest Total Proposal Score will be recommended for contract award.
In the event of a tie, the proposal with the highest technical score amongst the tied proposals will
be recommended for contract award.
6.4.4 BID DISCREPANCIES
In evaluating bids, discrepancies between words and figures will be resolved in favor of words.
Discrepancies between unit prices and totals of unit prices will be resolved in favor of unit prices.
Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the
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unit prices. Discrepancies between the indicated total of multiplied unit prices and units of work
and the actual total will be resolved in favor of the actual total. Discrepancies between the
indicated sum of any column of figures and the correct sum thereof will be resolved in favor of
the corrected sum of the column of figures.
6.4.5 EVALUATION OF THE BID PROPOSALS
After the Evaluation Committee completes its evaluation, it recommends to the Director for
award the responsible bidder(s) whose bid proposal, conforming to this RFP, is most
advantageous to the State, price and other factors considered. The Evaluation Committee
considers and assesses price, technical criteria, and other factors during the evaluation process
and makes a recommendation to the Director. The Director may accept, reject or modify the
recommendation of the Evaluation Committee. Whether or not there has been a negotiation
process as outlined in 6.5 below, the Director reserves the right to negotiate price reductions with
the selected vendor.
6.5 NEGOTIATION AND BEST AND FINAL OFFER (BAFO)
After evaluating bid proposals, the Purchase Bureau may enter into negotiations with one bidder
or multiple bidders. The primary purpose of negotiations is to maximize the States ability to
obtain the best value based on the mandatory requirements, evaluation criteria, and cost.
Multiple rounds of negotiations may be conducted with one bidder or multiple bidders.
Negotiations will be structured by the Purchase Bureau to safeguard information and ensure that
all bidders are treated fairly.
Similarly, the Purchase Bureau may invite one bidder or multiple bidders to submit a best and
final offer (BAFO). Said invitation will establish the time and place for submission of the BAFO.
Any BAFO that is not equal to or lower in price than the pricing offered in the bidders original
proposal will be rejected as non-responsive and the State will revert to consideration and
evaluation of the bidder's original pricing.
If required, after review of the BAFO(s), clarification may be sought from the bidder(s). The
Purchase Bureau may conduct more than one round of negotiation and/or BAFO in order to
attain best value for the State.
After evaluation of bid proposals and as applicable, negotiation(s) and/or BAFO(s), the Purchase
Bureau will recommend, to the Director, the responsible bidder(s) whose bid proposal(s),
conforming to the RFP, is/are most advantageous to the State, price and other factors
considered. The Director may accept, reject or modify the recommendation of the Purchase
Bureau. The Director may initiate additional negotiation or BAFO procedures with the selected
bidder(s).
Negotiations will be conducted only in those circumstances where they are deemed by
the Purchase Bureau or Director to be in the States best interests and to maximize the
States ability to get the best value. Therefore, the bidder is advised to submit its best
technical and price proposal in response to this RFP since the State may, after evaluation,
make a contract award based on the content of the initial submission, without further
negotiation and/or BAFO with any bidder.
All contacts, records of initial evaluations, any correspondence with bidders related to any
request for clarification, negotiation or BAFO, any revised technical and/or price proposals, the
Evaluation Committee Report and the Award Recommendation, will remain confidential until a
Notice of Intent to Award a contract is issued.
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NOTE: Bid prices will not be publicly read at bid opening. Only the name and address of
each bidder will be publicly announced at bid opening.
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7.0 CONTRACT AWARD
7.1 DOCUMENTS REQUIRED BEFORE CONTRACT AWARD
7.1.1 REQUIREMENTS OF PUBLIC LAW 2005, CHAPTER 51, N.J.S.A. 19:44A-20.13-25 (FORMERLY
EXECUTIVE ORDER 134) AND EXECUTIVE ORDER 117 (2008)
In order to safeguard the integrity of State government procurement by imposing restrictions to
insulate the negotiation and award of State contracts from political contributions that pose the risk
of improper influence, purchase of access, or the appearance thereof, then-Governor James E.
McGreevey issued Executive Order 134 on September 22, 2004. To this end, Executive Order
134 prohibited State departments, agencies and authorities from entering into contracts
exceeding $17,500 with individuals or entities that made certain political contributions. Executive
Order 134 was superseded by Public Law 2005, c. 51, which was signed into law on March 22,
2005 (Chapter 51).
On September 24, 2008, Governor Jon S. Corzine issued Executive Order No. 117 (E.O. 117),
which is designed to enhance New Jerseys efforts to protect the integrity of procurement
decisions and increase the publics confidence in government. The Executive Order builds upon
the provisions of Chapter 51.
Pursuant to the requirements of this Legislation, the terms and conditions set forth in this section
are material terms of any contract resulting from this RFP:
7.1.1.1 DEFINITIONS
For the purpose of this section, the following shall be defined as follows:
a) Reportable Contributions -- contributions, including in-kind contributions, in excess of $300.00
in the aggregate per election made to or received by a candidate committee, joint candidates
committee, or political committee; or per calendar year made to or received by a political party
committee, legislative leadership committee, or continuing political committee.
b) Business Entity means any natural or legal person, business corporation, professional
services corporation, limited liability company, partnership, limited partnership, business trust,
association or any other legal commercial entity organized under the laws of New Jersey or any
other state or foreign jurisdiction. The definition also includes (i) if a business entity is a for-profit
corporation, any officer of the corporation and any other person or business entity that owns or
controls 10% or more of the stock of the corporation; (ii) if a business entity is a professional
corporation, any shareholder or officer; (iii) if a business entity is a general partnership, limited
partnership or limited liability partnership, any partner; (iv) if a business entity is a sole
proprietorship, the proprietor; (v) if the business entity is any other form of entity organized under
the laws of New Jersey or any other state or foreign jurisdiction, any principal, officer or partner
thereof; (vi) any subsidiaries directly or indirectly controlled by the business entity; (vii) any
political organization organized under 26 U.S.C.A. 527 that is directly or indirectly controlled by
the business entity, other than a candidate committee, election fund, or political party committee;
and (viii) with respect to an individual who is included within the definition of business entity,
that individuals spouse or civil union partner and any child residing with that person.
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Contributions made by a spouse, civil union partner or resident child to a candidate for
whom the contributor is eligible to vote or to a political party committee within whose
jurisdiction the contributor resides are permitted.
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c) Officer -- a president, vice-president with senior management responsibility, secretary,
treasurer, chief executive officer, or chief financial officer of a corporation or any person routinely
performing such functions for a corporation. Please note that officers of non-profit entities are
excluded from this definition.
d) Partner -- one of two or more natural persons or other entities, including a corporation, who or
which are joint owners of and carry on a business for profit, and which business is organized
under the laws of this State or any other state or foreign jurisdiction, as a general partnership,
limited partnership, limited liability partnership, limited liability company, limited partnership
association, or other such form of business organization.
7.1.1.2 BREACH OF TERMS OF THE LEGISLATION
It shall be a breach of the terms of the contract for the Business Entity to (i)make or solicit a
contribution in violation of the Legislation, (ii)knowingly conceal or misrepresent a contribution
given or received; (iii)make or solicit contributions through intermediaries for the purpose of
concealing or misrepresenting the source of the contribution; (iv)make or solicit any contribution
on the condition or with the agreement that it will be contributed to a campaign committee or any
candidate of holder of the public office of Governor, or to any State or county party committee;
(v)engage or employ a lobbyist or consultant with the intent or understanding that such lobbyist
or consultant would make or solicit any contribution, which if made or solicited by the business
entity itself, would subject that entity to the restrictions of the Legislation; (vi)fund contributions
made by third parties, including consultants, attorneys, family members, and employees;
(vii)engage in any exchange of contributions to circumvent the intent of the Legislation; or
(viii)directly or indirectly through or by any other person or means, do any act which would
subject that entity to the restrictions of the Legislation.
7.1.1.3 CERTIFICATION AND DISCLOSURE REQUIREMENTS
a) The State shall not enter into a contract to procure from any Business Entity services or any
material, supplies or equipment, or to acquire, sell or lease any land or building, where the value
of the transaction exceeds $17,500, if that Business Entity has solicited or made any contribution
of money, or pledge of contribution, including in-kind contributions, to a candidate committee
and/or election fund of any candidate for or holder of the public office of Governor or Lieutenant
Governor, to any State, county, municipal political party committee, or to any legislative
leadership committee during certain specified time periods
b) Prior to awarding any contract or agreement to any Business Entity, the Business Entity
proposed as the intended awardee of the contract shall submit the Certification and Disclosure
form, certifying that no contributions prohibited by either Chapter 51 or Executive Order 117
have been made by the Business Entity and reporting all contributions the Business Entity made
during the preceding four years to any political organization organized under 26 U.S.C.527 of the
Internal Revenue Code that also meets the definition of a continuing political committee within
the mean of N.J.S.A. 19:44A-3(n) and N.J.A.C. 19:25-1.7. The required form and instructions,
available for review on the Purchase Bureau website at
http://www.state.nj.us/treasury/purchase/forms.shtml#eo134, shall be provided to the intended
awardee for completion and submission to the Purchase Bureau with the Notice of Intent to
Award. Upon receipt of a Notice of Intent to Award a Contract, the intended awardee shall submit
to the Division, in care of the Purchase Bureau Buyer, the Certification and Disclosure(s) within
five (5) business days of the States request. Failure to submit the required forms will preclude
award of a contract under this RFP, as well as future contract opportunities.
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c) Further, the Contractor is required, on a continuing basis, to report any contributions it makes
during the term of the contract, and any extension(s) thereof, at the time any such contribution is
made. The required form and instructions, available for review on the Purchase Bureau website at
http://www.state.nj.us/treasury/purchase/forms.shtml#eo134, shall be provided to the intended
awardee with the Notice of Intent to Award.
7.1.1.4 STATE TREASURER REVIEW
The State Treasurer or his designee shall review the Disclosures submitted pursuant to this
section, as well as any other pertinent information concerning the contributions or reports thereof
by the intended awardee, prior to award, or during the term of the contract, by the contractor. If
the State Treasurer determines that any contribution or action by the contractor constitutes a
breach of contract that poses a conflict of interest in the awarding of the contract under this
solicitation, the State Treasurer shall disqualify the Business Entity from award of such contract.
7.1.1.5 ADDITIONAL DISCLOSURE REQUIREMENT OF P.L. 2005, C. 271
Contractor is advised of its responsibility to file an annual disclosure statement on political
contributions with the New Jersey Election Law Enforcement Commission (ELEC), pursuant to
P.L. 2005, c. 271, section 3 if the contractor receives contracts in excess of $50,000 from a
public entity in a calendar year. It is the contractors responsibility to determine if filing is
necessary. Failure to so file can result in the imposition of financial penalties by ELEC.
Additional information about this requirement is available from ELEC at 888-313-3532 or at
www.elec.state.nj.us.
7.1.2 SOURCE DISCLOSURE REQUIREMENTS
7.1.2.1 REQUIREMENTS OF N.J.S.A. 52:34-13.2
Under the referenced statute, effective August 3, 2005, all contracts primarily for services
awarded by the Director shall be performed within the United States, except when the Director
certifies in writing a finding that a required service cannot be provided by a contractor or
subcontractor within the United States and the certification is approved by the State Treasurer.
7.1.2.2 SOURCE DISCLOSURE REQUIREMENTS
Pursuant to the statutory requirements, the intended awardee of a contract primarily for services
with the State of New Jersey must disclose the location by country where services under the
contract, including subcontracted services, will be performed. The Source Disclosure
Certification form accompanies this RFP.
FAILURE TO SUBMIT SOURCING INFORMATION WHEN REQUESTED BY THE STATE
SHALL PRECLUDE AWARD OF A CONTRACT TO THE BIDDER.
If any of the services cannot be performed within the United States, the bidder shall state with
specificity the reasons why the services cannot be so performed. The Director shall determine
whether sufficient justification has been provided by the bidder to form the basis of his
certification that the services cannot be performed in the United States and whether to seek the
approval of the Treasurer.
7.1.2.3 BREACH OF CONTRACT OF EXECUTIVE ORDER 129
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A SHIFT TO PROVISION OF SERVICES OUTSIDE THE UNITED STATES DURING THE
TERM OF THE CONTRACT SHALL BE DEEMED A BREACH OF CONTRACT.
If, during the term of the contract, the contractor or subcontractor, who had on contract award
declared that services would be performed in the United States, proceeds to shift the
performance of any of the services outside the United States, the contractor shall be deemed to
be in breach of its contract, which contract shall be subject to termination for cause pursuant to
Section 3.5b.1 of the Standard Terms and Conditions version 05/13/10 of the RFP, unless
previously approved by the Director and the Treasurer.
7.1.3 AFFIRMATIVE ACTION
The intended awardee must submit a copy of a New Jersey Certificate of Employee Information,
or a copy of Federal Letter of Approval verifying it is operating under a federally approved or
sanctioned Affirmative Action program. Intended awardee(s) not in possession of either a New
Jersey Certificate of Employee Information or a Federal Letter of Approval must complete the
Affirmative Action Employee Information Report (AA-302) located on the web at
http://www.nj.gov/treasury/purchase/forms/AA_%20Supplement.pdf.
7.1.4 BUSINESS REGISTRATION
In accordance with N.J.S.A. 52:32-44.1(b) (revised by L. 2009, c. 315, January 18, 2010), a
bidder and its named subcontractors must have 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 4.4.2.2 of this RFP for further information.)
7.2 FINAL CONTRACT AWARD
Contract award[s] shall be made with reasonable promptness by written notice to that responsible
bidder(s), whose bid proposal(s), conforming to this RFP, is(are) most advantageous to the State,
price, and other factors considered. Any or all bid proposals may be rejected when the State
Treasurer or the Director determines that it is in the public interest to do so.
7.3 INSURANCE CERTIFICATES
The contractor shall provide the State with current certificates of insurance for all coverages
required by the terms of this contract, naming the State as an Additional Insured.
7.4 PERFORMANCE BOND
This section supplements Section 3.3b of the NJ Standard Terms and Conditions version
05/13/10 accompanying this RFP. A performance bond is required. The amount of the
performance bond is noted on the RFP signatory page. The contractor must provide the
performance bond within thirty (30) days of the effective date of the contract award. The
performance bond must remain in full force and effect for the term of the contract and any
extension thereof. Within thirty (30) days of the anniversary of the contract effective date, the
contractor shall provide proof to the Director that the performance bond in the required amount is
in effect. Failure to provide such proof may result in the suspension of payment to the contractor
until such time the contractor complies with this requirement.
Although the performance bond is required for the full term of the contract, the Director
recognizes that the industry practice of sureties is to issue a one year performance bond for
goods and services contracts. Thus, the contractor is required to submit a one year performance
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bond for the amount required under the contract and, on each succeeding anniversary date of
the contract, provide a continuation or renewal certificate to evidence that the bond is in effect for
the next year of the contract. This procedure will remain in place for each year of the contract
thereafter until the termination of the contract. Failure to provide such proof on the anniversary
date of the contract shall result in suspension of the contract, and possibly, termination of the
contract.
For performance bonds based on a percentage of the total estimated contract price, the
performance bond requirement is calculated as follows. For the first year of the contract, the
performance bond percentage on the RFP signatory page is applied to the estimated total
contract amount for the full term of the contract. On each anniversary of the effective date of the
contract, the amount of the required performance bond, unless otherwise noted, is calculated by
applying the established RFP performance bond percentage to the outstanding balance of the
estimated amount of the contract price to be paid to the contractor.
In the event that the contract price is increased by amendment to the contract, the contractor
may be required to provide, within thirty (30) days of the effective date of the amendment,
performance bond coverage for the increase in contract price. The required increase in the
performance bond amount is calculated by applying the established bond percentage set forth
on RFP signatory page to the increase in contract price. Failure to provide such proof to the
Director of this required coverage may result in the suspension of payment to the contractor until
such time the contractor complies with this requirement.
76
8.0 CONTRACT ADMINISTRATION
8.1 CONTRACT MANAGER
The State Contract Manager is the State employee responsible for the overall management and
administration of the contract.
The State Contract Manager for this project will be identified at the time of execution of contract.
At that time, the contractor will be provided with the State Contract Managers name,
department, division, agency, address, telephone number, fax phone number, and email
address.
8.1.1 STATE CONTRACT MANAGER RESPONSIBILITIES
For an agency contract where only one State office uses the contract, the State Contract
Manager will be responsible for engaging the contractor, assuring that Purchase Orders are
issued to the contractor, directing the contractor to perform the work of the contract, approving
the deliverables and approving payment vouchers. The State Contract Manager is the person
that the contractor will contact after the contract is executed for answers to any questions and
concerns about any aspect of the contract. The State Contract Manager is responsible for
coordinating the use and resolving minor disputes between the contractor and any component
part of the State Contract Manager's Department.
If the contract has multiple users, then the State Contract Manager shall be the central
coordinator of the use of the contract for all Using Agencies, while other State employees
engage and pay the contractor. All persons and agencies that use the contract must notify and
coordinate the use of the contract with the State Contract Manager.
8.1.2 COORDINATION WITH THE STATE CONTRACT MANAGER
Any contract user that is unable to resolve disputes with a contractor shall refer those disputes to
the State Contract Manager for resolution. Any questions related to performance of the work of
the contract by contract users shall be directed to the State Contract Manager. The contractor
may contact the State Contract Manager if the contractor cannot resolve a dispute with contract
users.
77
9.0 Special Contract Requirements Relating to Work Funded under the American
Recovery and Reinvestment Act of 2009 (ARRA)
I. Introduction
The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (ARRA) was enacted to
preserve and create jobs and promote economic recovery, assist those most impacted by the
recession, provide investments needed to increase economic efficiency by spurring technological
advances in science and health, invest in transportation, environmental protection, and other
infrastructure that will provide long-term economic benefits, and stabilize State and local
government budgets, in order to minimize and avoid reductions in essential services and
counterproductive State and local tax increases.
This addendum (the ARRA Addendum) to the agreement (the Contract) addresses additional
requirements applicable to all Contracts which are funded in whole or in part with ARRA funds.
These additional requirements contained in this ARRA Addendum are subject to change based on
further guidance by the applicable Federal agency which has awarded the ARRA funds to the
State of New Jersey. The following terms and conditions are consistent with the mandatory
requirements for agreements funded by ARRA as are known as of this date. However, the federal
government has not fully developed the implementing instructions of ARRA, particularly
concerning specific procedural requirements for the new reporting requirements. The Contractor
(as defined below) will be provided any changes and/or additions to these requirements as they
become available in an amended ARRA Addendum. The Contractor must comply with all
requirements of ARRA. In the event there is any inconsistency between these ARRA
requirements and the terms and conditions of the Contract, the ARRA requirements control.
The Contractor agrees and assures that by accepting ARRA funds through the Contract it and its
subcontractor(s) will fully comply with the requirements herein and any requirements hereafter
issued by the federal government or the State of New Jersey for compliance with ARRA and other
related federal and State laws. Further, it is understood that this Contract is subject to all
applicable terms and conditions of ARRA.
II. Definitions
ARRA funds means funds expended or obligated from appropriations under the American
Recovery and Reinvestment Act of 2009, Pub. L. 111-5.
Contractor is defined as any person, including but not limited to, a bidder, offeror, loan recipient,
grantee, or subgrantee, who has furnished or seeks to furnish goods, supplies, services, or leased
space, or who has performed or seeks to perform construction activity under contract,
subcontract, grant, or subgrant with the State of New Jersey, or with a person under contract,
subcontract, grant, or subgrant with the State of New Jersey, any department in the Executive
Branch, the State of New Jerseys independent authorities, commissions, and public institutions of
higher education. The term Contractor may also include a permittee, licensee, or any agency,
political subdivision, instrumentality, or independent authority of the State of New Jersey.
III. General Requirements
A. Flow Down Provision
Contractors must include these Special Contract Requirements contained in this ARRA
Addendum in every subcontract over $25,000,000 that is funded, in whole or in part, by
ARRA funds, unless the subcontract is with an individual.
78
B. Segregation and Payment of Costs
Contractors must segregate the obligations and expenditures related to funding under
ARRA. Financial and accounting systems should be revised as necessary to segregate,
track and maintain these funds apart and separate from other revenue streams. No part of
ARRA funds shall be commingled with any other funds or used for a purpose other than
that of making payments for costs allowable for ARRA projects. ARRA funds can be used
in conjunction with other funding as necessary to complete projects, but tracking and
reporting must be separate to meet the reporting requirements of ARRA and guidance
issued by the federal Office of Management and Budget.
Invoices must clearly indicate the portion of the requested payment that is for work paid by
ARRA funds.
C. Wage Rates
In accordance with ARRA, 1606, the Contractor assures that it and its subcontractor(s)
shall fully comply with said section in that, notwithstanding any other provision of law and
in a manner consistent with other provisions of ARRA, all laborers and mechanics
employed by vendors, contractors and subcontractors on projects funded directly by or
assisted in whole or in part by and through the federal government, pursuant to ARRA,
shall be paid wages at rates not less than those prevailing on projects of a similar
character in the locality, as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code (Davis-Bacon Act). It is
understood that the Secretary of Labor has the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
3145 of title 40, United States Code.
D. Registration Requirements
In accordance with ARRA, 1512(h), the Contractor and its subcontractor(s) (first-tier)
shall register in the Central Contractor Registration (CCR) database at www.ccr.gov, and
maintain current registration at all time during the pendency of the Contract. In order to
register in CCR, a valid Dun and Bradstreet Data Universal Numbering System (DUNS)
Number is required. See www.dnb.com.
E. Buy American
will not use ARRA funds for a project for the construction, alteration, maintenance, or repair
of a public building or public work unless all of the iron, steel and manufactured goods used
in the project are produced in the United States in a manner consistent with United States
obligations under international agreements. The Contractor understands that this
requirement may only be waived by the applicable federal agency in limited situations, as
set out in ARRA, 1605.
F. Whistleblower Protection
shall fully comply with said section, including, but not limited to, assuring that their
employees will not be discharged, demoted, or otherwise discriminated against as a
reprisal for disclosing, including a disclosure made in the ordinary course of an employees
duties, to the federal government or any representative thereof, the State of New Jersey, a
79
person with supervisory authority over the employee (or such other person working for the
employer who has the authority to investigate, discover, or terminate misconduct), a court
or grand jury any information that the employee reasonably believes is evidence of: 1)
gross mismanagement of a contract or grant relating to ARRA; 2) a gross waste of ARRA
funds; 3) a substantial and specific danger to public health or safety related to the
implementation or use of ARRA funds; 4) an abuse of authority related to the
implementation or use of ARRA funds; or 5) a violation of law, rule, or regulation related to
the Contract (including the competition for or negotiation of the Contract), awarded or
issued relating to ARRA funds. In accordance with ARRA, 1553(e), the Contractor
assures that it and its subcontractor (s) shall post notice of the rights and remedies
provided in ARRA, 1553.
G. Prohibition on Use of ARRA Funds.
No ARRA funds may be used for any casino or other gambling establishment, aquarium,
zoo, golf course, or swimming pool, or any other items prohibited by ARRA.
ARRA Job Posting.
Contractors and subcontractors located in the State of New Jersey shall post all job openings
created, in whole or in part, by ARRA funds (ARRA Job Openings), on the New Jersey
Department of Labor and Workforce Development's New Jersey State Job Bank accessed at
http://NJ.gov/JobCentralNJ at least fourteen (14) days before the contractor or subcontractor
shall commence hiring for ARRA Job Openings. Instructions how to post a job are provided at the
site. Posting is not required where the Contractor intends to fill the job opening with a present
employee, a laid-off former employee, or a job candidate from a previous recruitment, where pre-
existing, legally binding collective bargaining agreements provide otherwise, or where an
exception has been granted by the Department of Labor and Workforce Development.
IV. Program Reporting Requirements
Pursuant to Section 1512 of ARRA, in order for the State of New Jersey to prepare the
required reports, Contractor agrees to provide the State of New Jersey the following
information no later than five (5) days following the end of each calendar quarter, or more
frequently as directed by the State of New Jersey:
a. The total amount of ARRA funds received by Contractor during the reporting
period;
b. The New Jersey contract and order number as applicable;
c. The amount of ARRA funds that were expended or obligated during the reporting
period
d. A detailed list of all projects or activities for which ARRA funds were expended or
obligated, including
i. the name of the project or activity;
ii. a description of the project or activity;
iii. an evaluation of the completion status of the project or activity (i.e. not
started, less than 50% completed, 50% or more completed; fully
completed.); and
iv. an estimate of the number of jobs created and/or retained by the project or
activity.
e. For any Contracts equal to or greater than $25,000 in addition to the information
above:
(i) the name of the entity receiving the Contract;
80
(ii) the amount of the Contract;
(iii) the transaction type;
(iv) the North American Industry Classification system (NAICS) code or Catalog
of Federal Domestic Assistance (CFDA) number;
(v) the location of the Contractor;
(vi) the primary location in which the Contract is being performed, including the
city, state, congressional district and county;
(vii) the DUNS number, or name and zip code for the entity headquarters;
(viii) the names and total compensation of the five most highly compensated
officers of the Contractor if the Contractor received (1) $25 million or more
in annual gross revenue in federal awards; and (2) 80% or more of its
annual gross revenues in federal awards; and (3) if the public does not
have access to information about the compensation of senior executives
through periodic reports filed under section 13(a) or 15(d) of the Securities
Exchange Act of 1934 or section 6104 of the Internal Revenue Code of
1986.
V. Inspection of Documents
In accordance with ARRA, 902, 1514 and 1515, the Contractor assures that it and its
subcontractor(s) will cooperate with any representative of the State of New Jersey, Comptroller
General, or appropriate inspector general appointed under 3 or 8G of the Inspector General Act
of 1978 (5 U.S.C. App.), in the examination of their records that pertain to, and involve
transactions relating to this Contract, and agrees that they and their personnel can be interviewed
by said entities regarding this Contract and related program.
VI. Enforceability
If a Contractor or one of its subcontractors fails to comply with all applicable federal and state
requirements governing the use of ARRA funds, the State of New Jersey may withhold or
suspend, in whole or in part, funds awarded under the program, or recover misspent funds
following an audit. This provision is in addition to all other remedies for recovery of misspent
funds available to the State of New Jersey under all applicable state and federal laws.

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