State of New York Executive Department

Group 77200Public Safety Ancillary EquipmentPage 1 of 195

21390 PROCUREMENT SERVICES GROUP

State of New York Executive Department
Office of General Services -Procurement Services Group
CorningTower - 37th Floor
EmpireStatePlaza
Albany, NY 12242

REQUEST FOR PROPOSAL

IMPORTANT: SEE “NOTICE TO BIDDERS” CLAUSES HEREIN

BIDS MAY BE SENT TO THE ABOVE ADDRESS

(E-Mail or Fax Bid Submissions are NOT Acceptable)

BID OPENING
DATE: April23, 2009
TIME: 11:00 AM / TITLE: Group 77200 – Public Safety AncillaryEquipment and Accessories
Classification Code(s): 32, 43, 46, 92
REQUEST FOR PROPOSALS NUMBER:
21390 / SPECIFICATION REFERENCE:
As Incorporated Herein
CONTRACT PERIOD: Ten (10) years commencing on the date of approval by the New York State Comptroller with an allowance for annual termination after an initial five-year period.
PERIODIC RECRUITMENT
DESIGNATED CONTACTS: Team # 7
Percy WilsonPurchasing Officer
Telephone No. (518) 474-6727
E-mail address: / Larry KleinTeam Leader
Telephone No. (518) 474-1350
E-mail address:
The bid must be fully and properly executed by an authorized person. By signing you certify your express authority to sign on behalf of yourself, your company, or other entity and full knowledge and acceptance of this REQUEST FOR PROPOSALS, Appendix A (Standard Clauses For New York State Contracts), Appendix B (General Specifications), Finance Law §139-j and §139-k (Procurement Lobbying), and that all information provided is complete, true and accurate. By signing, bidder affirms that it understands and agrees to comply with the OGS procedures relative to permissible contacts as required by State Finance Law §139-j (3) and §139-j (6) (b). Information may be accessed at:
Procurement Lobbying:
Name of Company Bidding: / Bidder's Federal Tax Identification No.:
Street City State Zip County
Cash Discounts will not be considered in determining low bid, but cash discounts of any size may be considered in awarding tie bids.
______% Cash Discount for payment within 15 days of delivery and/or receipt of voucher
______% Cash Discount for payment within 30 days of delivery and/or receipt of voucher
If you are not bidding, place an “x” in the box and return this page only.
 WE ARE UNABLE TO BID AT THIS TIME BECAUSE______.
Bidder’s Signature:
Title: / Printed or Typed Name:
Date:
Phone : () - ext ( )
Fax: () - ext ( ) / Toll Free Phone : () - ext ( )
Toll Free Fax: () - ext ( )
E-mail Address: / Company Web Site:
FOR PROCUREMENT SERVICES GROUP USE ONLY
P.R. # 21390LITMEMOMISSING PAGES
LETOTHER

TABLE OF CONTENTS

TABLE OF CONTENTS

SECTION I INTRODUCTION

I.1SCOPE

I.2PROCUREMENT LOBBYING TERMINATION

I.3SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING

I.4CIO/OFT PLAN TO PURCHASE POLICY

I.5NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS

I.6OVERLAPPING CONTRACT ITEMS

I.7CONTRACT DUPLICATION

I.8ESTIMATED QUANTITIES

I.9INQUIRIES/ISSUING OFFICE

I.10KEY EVENTS/DATES

I.11DEFINITIONS

SECTION IIPROCUREMENT SPECIFIC REQUIREMENTS

II.1EXAMINATION OF CONTRACT DOCUMENTS

II.2GENERAL CONSIDERATIONS

II.3GENERAL CONDITIONS

II.4METHOD OF AWARD

II.5QUALIFICATION OF BIDDER

II.6DISCOUNTS

II.7PRICING

II.8LOT REQUIREMENTS

II.9MAINTENANCE OF EQUIPMENT

II.10REFERENCES

II.11MOVES, ADDS, AND CHANGES (MAC) (hardware and software)

II.12OPERATIONAL SERVICE FEATURES & PROGRAMMING

II.13NOTIFICATION OF TESTING

II.14DOCUMENTATION

II.15TRAINING

II.16DELIVERY AND INSTALLATION

II.17LABOR COSTS

II.18EQUIPMENT SPARES

II.19STANDARD OF PERFORMANCE REQUIREMENTS

II.20EXAMINATION OF SITES AND SPECIFICATIONS (MANDATORY)

SECTION III SPECIAL TERMS AND CONDITIONS

III.1TERM OF CONTRACT

III.2CANCELLATION FOR CONVENIENCE

III.3INTERCONNECTION WITH COMMON CARRIER/OTHER EQUIPMENT

III.4PERFORMANCE AND PAYMENT BOND

III.5ADMINISTRATIVE AND REPORTING REQUIREMENTS

III.6NYS DEPARTMENT OF LABOR PREVAILING WAGE RATE SCHEDULES PUBLIC WORKS

III.7MINORITY AND WOMEN-OWNED BUSINESS PARTICIPATION

III.8APPENDICES

III.9CORPORATE MERGER/ACQUISITION/TAKEOVER

III.10NOTICES

III.11CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITIES

III.12VALUE ADDED RESELLERS OR DISTRIBUTORS

III.13CONSENT TO ASSIGNMENT

III.14WARRANTIES

III.15PRICE ADJUSTMENTS

III.16SUBMISSION OF ELECTRONIC MEDIA

III.17REGULATORY AND STANDARDS COMPLIANCE

III.18CONTRACT CHANGES / UPDATE SCHEDULE

III.19MODIFICATION OF CONTRACT TERMS

III.20PERIODIC RECRUITMENT

III.21EMERGING TECHNOLOGIES

III.22NYS STANDARD VENDOR RESPONSIBILITY QUESTIONNAIRE (Appendix 1)

III.23TAX LAW § 5-A (Appendix 2)

III.24PROCUREMENT CONTRACT FEE

III.25MERCURY-ADDED CONSUMER PRODUCTS

III.26EPA ENERGY STAR PROGRAM:

III.27PRODUCT ACCEPTANCE AND OWNERSHIP

III.28PRODUCT SUPPORT

SECTION IVUSE OF CONTRACT BY STATE AGENCIES, POLITICAL SUBDIVISIONS AND OTHERS AUTHORIZED BY LAW

IV.1DETERMINATION OF CONTRACT USE

IV.2PARTICIPATION IN CENTRALIZED CONTRACTS

SECTION V ADMINISTRATIVE

V.1PROPOSALS

V.2SUBMISSION OF SEALED PROPOSALS

V.3NEW YORK STATE PROCUREMENT RIGHTS

V.4ASSIGNMENT OF MONIES

V.5LIABILITY FOR PROPOSAL PREPARATION EXPENSE

V.6NOTIFICATION OF AWARD

V.7SECURITY INTEREST

V.8TRADE-INS

SECTION VI PROPOSAL FORMAT AND CONTENT

SECTION VIIPROPOSAL AWARD PROCESS

SECTION VIII BID SHEETS

SECTION IXquarterly REPORT OF CONTRACT USAGE

APPENDICES

APPENDIX 1 NYS STANDARD VENDOR RESPONSIBILITY QUESTIONNAIRE

APPENDIX 2 NYS DEPARTMENT OF TAXATION AND FINANCE CONTRACTOR CERTIFICATION FORM

APPENDIX A STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS

APPENDIX B GENERAL SPECIFICATIONS

APPENDIX C DESCRIPTION OF CONTENT OF BID SUBMITTAL

APPENDIX D BIDDER PROPOSAL CHECKLIST

APPENDIX E ARTICLE 15-A

APPENDIX F PREVAILING WAGE RATES

APPENDIX GPERFORMANCE AND PAYMENT BOND FORM

APPENDIX H CONTRACT UPDATE FORM

SECTION IINTRODUCTION

ATTENTION: BIDDERS SUBMITTING PROPOSALS IN RESPONSE TO RFP 21390 ARE ADVISED THAT ALL BID SUBMISSIONS WILL UNDERGO A REVIEW FOR COMPLETENESS. THIS WILL BE A PASS OR FAIL REVIEW. IN ORDER FOR BIDS TO BE EVALUATED THEY MUST BE 100% COMPLETE. ALL REQUIRED INFORMATION, FORMS, SIGNATURES ETC. MUST BE INCLUDED. ADDITIONALLY BIDDERS AND ANY SUBCONTRACTORS, VARS OR SERVICE PROVIDERS MUST COMPLY WITH ALL INSURANCE REQUIREMENTS REFLECTED IN APPENDIX C.

I.1SCOPE

The New York State Office of General Services (OGS), Procurement Services Group (PSG) is seeking responses to this RFP for the purpose of establishing comprehensive catalog contracts for Public Safety Ancillary Equipment and Accessories. PSG intends to establish catalog contracts for communications equipment including but not limited to: radio dispatch consoles, dispatch console furniture, interoperability systems, in-building communications system,and other supplemental systems for public safety and public service agencies to support their critical missions. Bidders may submit proposals for separate LOTS, any combination of LOTS or all LOTS, for potential award Statewide or by Region.

Multiple Contracts for the purchase and installation of equipment may be awarded to two (2) or more responsive, responsible and compliant Bidders within each LOTfor separate LOTS, any combination of LOTS or all LOTS, Statewide or by Region. These awards will be determined on the basis of best value. These awards may be made to bidders offering the same manufacturers and or different manufacturers. However, the State reserves the right to establish only one contract in any LOTthat fails to receive multiple responsive, responsible, and compliant bids. It is not mandatory for a bidder to submit a bid that reflects all of the LOTSandRegions or Statewide.

The original term of this Contract will be ten (10) years commencing on the date of approval by the New York State Comptroller effective upon mailing by OGS (see Appendix B, Clause 38) with an allowance for annual termination after an initialfive-yearperiod. The State shall have the right to terminate this contract early for: (i) unavailability of funds; (ii) cause; or (iii) convenience. The contract term related to equipment maintenance will be in effect for five (5) years after the original equipment contract termination. Periodic Recruitment provisions apply to this RFP. See Section III.20, page 47.

In addition, maintenance services for systems/equipment not purchased from contracts established for Public Safety Ancillary Equipment as a result of RFP 21390 may be purchased under the conditions described in Section II.9.2.

Upon termination of the Contract, all rights and obligations set forth herein will survive in accordance with their terms as to procurements made or individual licenses granted to Authorized Users prior to such termination. Additionally, all contracts awarded based upon this RFP will terminate simultaneously on the future anniversary date of the Office of the State Comptroller’s approval of the first contract(s) resulting from this RFP.

Eventual contracts will contain provisions for the addition of new products and emerging technologies. The State reserves the right to make additional awards to ensure that there are a variety of manufacturers represented, and that installation and service requirements are adequately addressed. The State reserves the right to award future contracts to the next best value qualified Bidder in the event of default or cancellation of a previously awarded contract.

To be eligible for awards Bidders must submit overall company qualificationsalong with technical and price information for each LOT being bid. Bidders must submit allLOTS being bid in a single proposal. OGS reserves the right to request references. Additionally Authorized Users of any contracts issued as a result of RFP 21390 may request references at time of purchase(see Section II.10,page 31). Awards under this contract will not provide for separate purchases of labor or installation only.

This RFP outlines the terms and conditions and all applicable information required for submitting a bid. Bidders should pay strict attention to the bid submission date and time to prevent disqualification. To insure compliance with bid requirements and prevent possible disqualification, Bidders should follow the format and instructions in the PROPOSAL FORMAT AND CONTENT,Section VI, Page 57and Appendix C of this RFP and complete the Bidder Proposal Checklist located in Appendix D of the RFP.

NOTE: The initial review will be for completeness. This will be a pass or fail. Submissions that do not meet all requirements as outlined on page 57will not receive any further evaluation and will be deemed non-responsive.

The RFP contains mandatory requirements. Any description ofmandatory requirements will include the word “mandatory” or “must” in bold type. Submitting a proposal that does not meet the mandatory requirements indicated in the RFP may be cause to disqualify a Bidder’s bid or a portion of the Bidder’s bid. Bidders are responsible for providing verifiable documentation for any requirements set forth in RFP 21390. Such documentation must be submitted withthe bid submission. Bidders should use the Bidder Proposal Checklist on page 181to identify the sections that describe the documentation required.

Catalog contracts will be awarded based on the following LOTS:

LOTS:

LOT 1:Interoperability Systems

LOT 2:Radio Dispatch Consoles

LOT 3:Dispatch Console Furniture

LOT 4:Fire Station Alerting Systems

LOT 5:Logging Recorders and Instant Recall Recorders

LOT 6:In-Building Communications Systems

LOT 7:Portable Repeaters

LOT 8:Vehicular Repeaters

Contracts established as a result of this RFP will be for Authorized Users of New York State contracts, which include New York State Agencies and others authorized by law (see NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS in Section I.5). Accordingly, references to the State and its Agencies as users under this Request For Proposals and the ensuing contracts encompass and include other users such as these entities.

SEE SECTION VI FOR PROPOSAL FORMAT REQUIREMENTS, APPENDIX C FOR PROPOSAL GENERAL REQUIREMENTS AND APPENDIX D FOR PROPOSAL COMPLETENESS CHECK LIST

I.2PROCUREMENT LOBBYING TERMINATION

OGS reserves the right to terminate this contract in the event it is found that the certification filed by the Offerer/bidder in accordance with New York State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding, OGS may exercise its termination right by providing written notification to the Offerer/bidder in accordance with the written notification terms of this contract.

I.3SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING

Pursuant to State Finance Law §§139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between OGS and an Offerer/bidder during the procurement process. An Offerer/bidder is restricted from making contacts from the earliest notice of intent to solicit offers/bids through final award and approval of the Procurement Contract by OGS and, if applicable, the Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j (3) (a). Designated staff, as of the date hereof, is identified on the first page of this solicitation. OGS employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offerer/bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a four-year period; the Offerer/bidder is debarred from obtaining governmental Procurement Contracts. Further information about these requirements can be found on the OGS website:

I.4CIO/OFT PLAN TO PURCHASE POLICY

New YorkState agencies are reminded that they mustsubmit a Notification of Plan to Procure Technology Form (PTP) to the Office For Technology (OFT) for approval prior to purchasing Public Safety Ancillary Equipment. For additional information about the CIO/OFT’s PTP process, please visit their website at:

I.5NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS

New YorkState political subdivisions and others authorized by New YorkState law may participate in contracts. These include, but are not limited to local governments, public authorities, public school and fire districts, public and nonprofit libraries, and certain other nonpublic/nonprofit organizations. See "Participation in Centralized Contracts" in Appendix B, General Specifications. For purchase orders issued by the Port Authority of New York and New Jersey (or any other authorized entity that may have delivery locations adjacent to New YorkState), the terms of the "Price" clause shall be modified to include delivery to locations adjacent to New YorkState.

Upon request, all eligible non-State agencies must furnish contractors with the proper tax exemption certificates and documentation certifying eligibility to use State contracts. A list of categories of eligible entities is available on the OGS web site ( Point to “Procurement Contracting Services” for the dropdown listing, then click on“Procurement Law, Guidelines and Procedures”,then "Non-State Agency Legal References" for a list of the categories. Questions regarding an organization's eligibility to purchase from New York State Contracts may also be directed to OGS Procurement Services Group's Customer Services at (518) 474-6717.

I.6OVERLAPPING CONTRACT ITEMS

Products/services available in the resulting contract may also be available from other New YorkState contracts. Contract users will be advised to select the most cost effective procurement alternative that meets their program requirements and to maintain a procurement record documenting the basis for this selection.

I.7CONTRACT DUPLICATION

Contractors holding contracts for items offered under this solicitation must offer the same or better pricing on those items if they are offered for inclusion in any award resulting from this solicitation. If awarded, the items may be purchased under the already existing contract number or under this award.

I.8ESTIMATED QUANTITIES

Eligible users of the contracts will include not only State Agencies but also include political subdivisions, school districts and others authorized by law to use OGS centralized contracts. The projected total estimated contract sales are $25,000,000 for State government agencies and $75,000,000 for Non-State government agencies. No sales estimates are available for purchase by authorized users by law. Estimated quantity contracts are expressly agreed and understood to be made for only the quantities actually ordered during the contract term. There is no guarantee that particular quantities will be purchased under these contracts nor is there any guarantee that any particular contractor under the RFP in any LOT will receive any minimum or maximum number of orders under the contract.

It should be noted that the availability of this contract to political subdivisions, and others authorized by law, as indicated in Section IV, USE OF CONTRACT BY STATE AGENCIES, POLITICAL SUBDIVISIONS AND OTHER AUTHORIZED BY LAW clause, might cause the estimated quantities to vary considerably. However, the Contractor must furnish all quantities actually ordered.

I.9INQUIRIES/ISSUING OFFICE

All inquiries concerning this specification will be addressed to the following:

Percy Wilson

NYS Office of General Services

Procurement Services Group

CorningTower - 38th Floor

EmpireStatePlaza

Albany, New York12242

Phone No.:(518) 474-6727

FAX No.(518) 486-6867

E-mail:

All questions must be submitted in writing, citing the particular proposal section and paragraph number. Facsimile and/or e-mail will be accepted. OGS recommends that Bidders indentify all clarifications and exceptions, including those relating to the terms and conditions of the contract and any questions that they have relative to provisions of the RFP, prior to the closing date for inquiries as shown in Section I.10. Answers to all questions of a substantive nature will be given to all bidders in the form of a formal addendum, which will be annexed to and become part of the ensuing contract. Verbal answers to questions about the RFP will not be considered official.

I.10KEY EVENTS/DATES

Refer to Section V.2 for location of the proposal submission.

EventDateTime

RFP ReleaseJanuary 30, 2009

Closing Date for Inquiries March 4, 2009

Response to Inquiries IssuedMarch 25, 2009

Bid OpeningApril 23, 200911:00 AM

I.11DEFINITIONS

The following defined terms are used throughout this RFP.

Completeness Check:This is the initial review of a proposal submitted in response to RFP 21390. This is a pass or fail component of the evaluation process. Bid submissions not containing all required signatures, documents, attachments etc. will be considered incomplete and will not receive any further evaluation.See Section VI, Page 57, for Required Proposal Format and Content information.

Catalog ContractsDefined as a compilation of productsoffered by a manufacturer or a distributor of manufacturersproducts. For purposes of RFP 21390, Lots 1-8,it is required that 80% of a manufacturers officially published catalog be offered to be considered a complete offering.

In the case of Distributors submitting proposalsfor Lots 1-8, the 80% requirement must also be met (i.e. 80% of the product lines they distribute that meet the requirements/scope of RFP 21390.)If a distributor has an officiallypublished catalog,80% of the Distributor’s officially published catalog must be offered.

Catalog:

• This may be an electronic or hard copy listing of all products and/or specific product subsets.
• Electronic versions are preferred.
• It may be a distributors catalog, comprised of multiple manufacturers.
• For Manufacturers or Distributors offering specific product subsets of a particular manufacture’s catalog, the entire manufacturer’s product catalog containing the specific product subset must be submitted with a bidder’s proposal.
• It must be dated or cover a defined period of time.

• For NYS requirements, it must reflect the MSRP and be able to be independently verified. OGS reserves the right to request the Bidder to provide officially published price catalogs from the original product manufacturer for third party products offered on the Bidder’s NYS Net PriceSheets.

MSRP:Manufacturers Suggested Retail Price