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

Public Safety Network

Event Date Time Bidder’s 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 (Refer to RFP Section 1.3.5 for more information.) N/A N/A

Mandatory/Optional Site Visit (Refer to RFP Section 1.3.4 for more information.)

N/A

N/A

Bid Submission Due Date (Refer to RFP Section 1.3.2 for more information.) 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

StatusNot Applicable

Entire Contract

Partial Contract

Subcontracting Only

Category

III 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 .......................................................................................................................................................... 61.2 BACKGROUND......................................................................................................................................................................... 6

1.2.1 UASI PROGRAM BACKGROUND.................................................................................................................................... 71.3 KEY EVENTS ............................................................................................................................................................................ 7

1.3.1 ELECTRONIC QUESTION AND ANSWER PERIOD ....................................................................................................... 71.3.2 SUBMISSION OF BID PROPOSAL .................................................................................................................................. 81.3.3 ELECTRONIC BIDDING (EBID) ....................................................................................................................................... 81.3.4 MANDATORY/OPTIONAL SITE VISIT ............................................................................................................................. 91.3.5 MANDATORY/OPTIONAL PRE-BID CONFERENCE ..................................................................................................... 9

1.4 ADDITIONAL INFORMATION................................................................................................................................................... 91.4.1 ADDENDA: REVISIONS TO THIS RFP............................................................................................................................ 91.4.2 BIDDER RESPONSIBILITY .............................................................................................................................................. 91.4.3 COST LIABILITY ............................................................................................................................................................... 91.4.4 CONTENTS OF BID PROPOSAL..................................................................................................................................... 91.4.5 BID OPENING................................................................................................................................................................. 101.4.6 PRICE ALTERATION...................................................................................................................................................... 101.4.7 BID ERRORS .................................................................................................................................................................. 101.4.8 JOINT VENTURE............................................................................................................................................................ 111.4.9 RECIPROCITY FOR JURISDICTIONAL BIDDER PREFERENCE ................................................................................ 11

2.0 DEFINITIONS ............................................................................................................................................................................... 12

2.1 GENERAL DEFINITIONS........................................................................................................................................................ 122.2 CONTRACT-SPECIFIC DEFINITIONS ................................................................................................................................... 13

3.0 SCOPE OF WORK....................................................................................................................................................................... 17

3.1 PROJECT PLAN ..................................................................................................................................................................... 183.1.1 DETAILED DESIGN REVIEW......................................................................................................................................... 183.1.2 CONTRACT SCHEDULE................................................................................................................................................ 18

3.2 SYSTEM COMPONENTS AND SOFTWARE COMPATIBILITY AND INTEGRATION........................................................... 193.3 DISASTER RECOVERY CONSIDERATIONS ........................................................................................................................ 203.4 700 MHZ PSI-BWN SPECIFICATIONS (LTE/EPC) ................................................................................................................ 20

3.4.1 GENERAL ....................................................................................................................................................................... 203.4.2 SYSTEM REQUIREMENTS............................................................................................................................................ 203.4.3 FUNCTIONAL REQUIREMENTS/FEATURES AND FUNCTIONALITY ......................................................................... 243.4.4 NETWORK CONTROL/MANAGEMENT REQUIREMENTS........................................................................................... 24

3.5 BACKHAUL ............................................................................................................................................................................. 263.5.1 GENERAL ....................................................................................................................................................................... 263.5.2 DESIGN CONSIDERATIONS ......................................................................................................................................... 26

3.6 EQUIPMENT ........................................................................................................................................................................... 273.6.1 SITE LIGHTNING PROTECTION AND GROUND SYSTEM.......................................................................................... 273.6.2 SUBMITTAL OF REGULATORY LICENSES.................................................................................................................. 273.6.3 ANTENNA SYSTEMS ..................................................................................................................................................... 283.6.4 SITE SELECTION AND CLASSIFICATION.................................................................................................................... 283.6.5 MOBILE DEVICES .......................................................................................................................................................... 283.6.6 LOCAL AND PRIVATE ENTITIES. ................................................................................................................................. 28

3.7 SHELTER REQUIREMENTS .................................................................................................................................................. 293.7.1 GENERAL ....................................................................................................................................................................... 293.7.2 STANDARDS AND CODES............................................................................................................................................ 293.7.3 SHELTER CAPACITY AND SIZE ................................................................................................................................... 293.7.4 SHELTER FOUNDATION AND FABRICATION ............................................................................................................. 293.7.5 DOORS ........................................................................................................................................................................... 303.7.6 TRANSMISSION LINE ENTRIES ................................................................................................................................... 303.7.7 CABLE LADDERS........................................................................................................................................................... 303.7.8 SECURITY AND SAFETY SYSTEMS ............................................................................................................................ 30

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3.7.9 ELECTRICAL SYSTEMS ................................................................................................................................................ 313.7.10 UNINTERRUPTIBLE POWER SUPPLY SYSTEM (UPS) ............................................................................................ 313.7.11 DELIVERY AND INSTALLATION ................................................................................................................................. 313.7.12 SHELTER GROUNDING PROTECTION SYSTEM ...................................................................................................... 313.7.13 GENERATOR FUEL STORAGE SYSTEM ................................................................................................................... 323.7.14 NATIONAL ENVIRONMENT PROTECTION ACT (NEPA) REQUIREMENTS............................................................. 323.7.15 FENCING ...................................................................................................................................................................... 323.7.16 VEHICULAR BARRICADE GATE ................................................................................................................................. 323.7.17 ACCESS ROAD ............................................................................................................................................................ 323.7.18 UTILITY SERVICE ........................................................................................................................................................ 33

3.8 TESTING AND ACCEPTANCE............................................................................................................................................... 333.8.1 FACTORY TEST ............................................................................................................................................................. 333.8.2 FIELD TESTING.............................................................................................................................................................. 333.8.3 BENCHMARK MEASUREMENT .................................................................................................................................... 343.8.4 SITE INSPECTIONS AND TESTING.............................................................................................................................. 343.8.5 ACCEPTANCE................................................................................................................................................................ 343.8.6 TEST PLANS .................................................................................................................................................................. 343.8.7 TESTING DOCUMENTATION ........................................................................................................................................ 353.8.8 TESTING CHECKLIST(S)............................................................................................................................................... 353.8.9 PUNCHLISTS.................................................................................................................................................................. 353.8.10 MOBILE COVERAGE TEST POINTS AND ROUTES .................................................................................................. 363.8.11 MODIFIED GRID TEST................................................................................................................................................. 363.8.12 TESTING AND ACCEPTANCE MILESTONES ............................................................................................................ 36

3.9 WARRANTY ............................................................................................................................................................................ 373.9.1 MAINTENANCE AND INSPECTION PROGRAM – 2 YEAR WARRANTY PERIOD (M&IP2WP) .................................. 383.9.2 OPERATIONS PROGRAM – 2 YEAR WARRANTY PERIOD (OP2YWP) ..................................................................... 383.9.3 MAINTENANCE AND INSPECTION PROGRAM – POST WARRANTY PERIOD (M&IPPWP)..................................... 383.9.4 OPERATIONS PROGRAM – POST WARRANTY PERIOD (OPPWP) .......................................................................... 38

3.10 TRAINING ............................................................................................................................................................................. 383.10.1 GENERAL ..................................................................................................................................................................... 393.10.2 TRAINING MATERIALS................................................................................................................................................ 393.10.3 TRAINING INSTRUCTORS .......................................................................................................................................... 393.10.4 TYPES AND AREAS OF TRAINING............................................................................................................................. 393.10.5 TRAINING BY STATE TRAINERS AFTER SYSTEM ACCEPTANCE ......................................................................... 393.10.6 SCHEDULING............................................................................................................................................................... 393.10.7 ACCOUNTABILITY ....................................................................................................................................................... 403.10.8 TRAINING COURSE DESCRIPTIONS......................................................................................................................... 40

3.11 PAYMENT ............................................................................................................................................................................. 40

4.0 BID PROPOSAL PREPARATION AND SUBMISSION............................................................................................................... 42

4.1 GENERAL ............................................................................................................................................................................... 424.2 BID PROPOSAL DELIVERY AND IDENTIFICATION............................................................................................................. 424.3 EBID VS NON-EBID SUBMISSION INSTRUCTION............................................................................................................... 42

4.3.1 EBID SUBMISSION OF BID PROPOSAL....................................................................................................................... 424.3.2 NON-EBID SUBMISSION ............................................................................................................................................... 42

4.4 BID PROPOSAL CONTENT ................................................................................................................................................... 434.4.1 FORMS REQUIRED WITH BID PROPOSAL ................................................................................................................. 434.4.2 FORMS REQUIRED BEFORE CONTRACT AWARD AND THAT SHOULD BE SUBMITTED WITH THE BID PROPOSAL.............................................................................................................................................................................. 454.4.3 TECHNICAL PROPOSAL ............................................................................................................................................... 464.4.4 ORGANIZATIONAL SUPPORT AND EXPERIENCE ..................................................................................................... 484.4.5 DISASTER RECOVERY PLAN (DRP)............................................................................................................................ 504.4.6 TECHNOLOGY ROAD MAP ........................................................................................................................................... 504.4.7 SYSTEM PROPAGATION ANALYSIS............................................................................................................................ 514.4.8 FCC SPECTRUM FREQUENNCY REQUIREMENTS.................................................................................................... 514.4.9 BIDDER PROPOSED NEW SITES................................................................................................................................. 514.4.10 WARRANTY.................................................................................................................................................................. 514.4.11 PRICE SCHEDULE....................................................................................................................................................... 52

5.0 SPECIAL CONTRACTUAL TERMS AND CONDITIONS............................................................................................................ 54

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5.1 PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS........................................................................ 545.2 CONTRACT TERM AND EXTENSION OPTION .................................................................................................................... 545.3 CONTRACT TRANSITION...................................................................................................................................................... 545.4 CONTRACT AMENDMENT .................................................................................................................................................... 545.5 CONTRACTOR RESPONSIBILITIES ..................................................................................................................................... 545.6 SUBSTITUTION OF STAFF.................................................................................................................................................... 555.7 SUBSTITUTION OR ADDITION OF SUBCONTRACTOR(S) ................................................................................................. 555.8 OWNERSHIP OF MATERIAL ................................................................................................................................................. 555.9 SECURITY AND CONFIDENTIALITY..................................................................................................................................... 56

5.9.1 DATA CONFIDENTIALITY.............................................................................................................................................. 565.9.2 SECURITY STANDARDS ............................................................................................................................................... 565.9.3 SECURITY PLAN............................................................................................................................................................ 58

5.10 NEWS RELEASES................................................................................................................................................................ 605.11 ADVERTISING ...................................................................................................................................................................... 605.12 LICENSES AND PERMITS ................................................................................................................................................... 605.13 CLAIMS AND REMEDIES..................................................................................................................................................... 60

5.13.1 CLAIMS ......................................................................................................................................................................... 605.13.2 REMEDIES.................................................................................................................................................................... 605.13.3 REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL CONTRACT REQUIREMENTS..................................... 60

5.14 LATE DELIVERY................................................................................................................................................................... 605.15 RETAINAGE.......................................................................................................................................................................... 605.16 STATE'S OPTION TO REDUCE SCOPE OF WORK ........................................................................................................... 615.17 SUSPENSION OF WORK..................................................................................................................................................... 615.18 CHANGE IN LAW.................................................................................................................................................................. 615.19 CONTRACT PRICE INCREASE (PREVAILING WAGE) ...................................................................................................... 615.20 PUBLIC WORKS CONTRACT-ADDITIONAL AFFIRMATIVE ACTION REQUIREMENT .................................................... 615.21 ADDITIONAL WORK AND/OR SPECIAL PRODUCTS ........................................................................................................ 625.22 FORM OF COMPENSATION AND PAYMENT..................................................................................................................... 63

5.22.1 PAYMENT TO CONTRACTOR – OPTIONAL METHOD.............................................................................................. 635.23 MODIFICATIONS AND CHANGES TO THE NJ STANDARD TERMS AND CONDITIONS VERSION 05/13/10 ................ 64

5.23.1 PATENT AND COPYRIGHT INDEMNITY .................................................................................................................... 645.23.2 INDEMNIFICATION ...................................................................................................................................................... 645.23.3 INSURANCE - PROFESSIONAL LIABILITY INSURANCE .......................................................................................... 65

5.24 CONTRACT ACTIVITY REPORT ......................................................................................................................................... 655.25 MACBRIDE PRINCIPLES – CERTIFICATION...................................................................................................................... 66

6.0 PROPOSAL EVALUATION ......................................................................................................................................................... 67

6.1 RIGHT TO WAIVE................................................................................................................................................................... 676.2 PROPOSAL EVALUATION COMMITTEE .............................................................................................................................. 676.3 ORAL PRESENTATION AND/OR CLARIFICATION OF BID PROPOSAL............................................................................. 676.4 EVALUATION CRITERIA ........................................................................................................................................................ 67

6.4.1 TECHNICAL EVALUATION CRITERIA .......................................................................................................................... 686.4.2 BIDDER’S PRICE SCHEDULE ....................................................................................................................................... 686.4.3 TOTAL PROPOSAL SCORE .......................................................................................................................................... 686.4.4 BID DISCREPANCIES .................................................................................................................................................... 686.4.5 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 .................................................................................................. 717.1.1 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).............................................................................................................. 717.1.2 SOURCE DISCLOSURE REQUIREMENTS................................................................................................................... 737.1.3 AFFIRMATIVE ACTION ................................................................................................................................................. 747.1.4 BUSINESS REGISTRATION ......................................................................................................................................... 74

7.2 FINAL CONTRACT AWARD ................................................................................................................................................... 747.3 INSURANCE CERTIFICATES ................................................................................................................................................ 747.4 PERFORMANCE BOND ......................................................................................................................................................... 74

8.0 CONTRACT ADMINISTRATION.................................................................................................................................................. 76

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8.1 CONTRACT MANAGER ......................................................................................................................................................... 768.1.1 STATE CONTRACT MANAGER RESPONSIBILITIES................................................................................................... 768.1.2 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 State’s 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 Commission’s (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 10th 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.

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It is the State’s 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 State’s 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 State’S 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 eachNortheastern state will build out its own LTE/RAN’s. 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

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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 FLOORPURCHASE BUREAUDIVISION OF PURCHASE AND PROPERTYDEPARTMENT OF THE TREASURY33 WEST STATE STREET, P.O. BOX 230TRENTON, NJ 08625-0230

Directions to the Purchase Bureau are available on the web athttp://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

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submit an eBid. It will be the bidder’s 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 bidder’s 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

Not applicable to this procurement.

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 PROPERTYWEB 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 agood 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

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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 bidder’s 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 bidder’s good faith in making this request shall be used in making the determination. The factors that will be considered are that the mistake is so significant that to enforce the contract resulting from the proposal would be unconscionable; that the mistake relates to a material feature of the contract; that the mistake occurred notwithstanding the bidder’s exercise of reasonable care; and that the State will not be significantly prejudiced by granting the withdrawal of the proposal. Note: A PB-36 complaint form may be filed and forwarded to the Division’s Contract Compliance and AuditUnit for handling. A record of the complaint will also be maintained in the Division’s 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 TreasuryPurchase BureauPO Box 23033 West State Street – 9th FloorTrenton, New Jersey 08625-0230Attention: 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 bidder’s 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 venture’s 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 bidder’s proposal submitted in response to this RFP, as accepted by the State.

Contractor – The bidder awarded a contract resulting from this RFP.

Director – Director, Division of Purchase and Property, Department of the Treasury. By statutory authority, the Director is the chief contracting officer for the State of New Jersey.

Division – The Division of Purchase and Property

Evaluation Committee – A committee established by the Director to review and evaluate 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 – 3rd Generation Partnership Project is a collaboration between groups oftelecommunications 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 EPSBoth 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 licensee’s using a registered antenna structure

BTOP - Broadband Technology Opportunity Program - The American Recovery and Reinvestment Act provided the Department of Commerce’s National Telecommunications and Information Administration (NTIA) and the U.S. Department of Agriculture’s 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 callsfrom 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-8standards 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 governmentAgency. 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 iswidely 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.

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MME – Mobility Management Entity is the key control-node for the LTE access-network. It isresponsible 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 levelsthat 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 datanetwork 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 andelectronic 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. Thiscommunications 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 State’s 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 anddevelopment 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 Contractor’s 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 State’s 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 developedDetailed 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 State’s 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 execution2. Phase 1, 2, and 3 site assessments (review/analysis of sites previously

assessed by 3rd party), acquisitions/purchase options (if any)3. Construction Permits Process (if any)4. Network (LTE RAN/CN) deployment5. Backhaul Evaluation and deployment6. Acceptance test7. Phase acceptance milestones8. System acceptance milestone

Per Phase1. Notice to proceed2. Detailed design review process3. Submittals4. Detailed design plan5. 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 shelters8. Backhaul installation milestone9. 700 MHz LTE RAN/EPC equipment installation milestone10. 700 MHz LTE/EPC equipment integration milestone11. 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 system’s 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 State’s 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 Switchedservices 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 handover–LTE 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 Requirements3.4.2.21.1 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 interfaceS6a – Visited MME to Home HSSS8 - Visited SGW to Home PGWS9 - Visited PCRF to Home PCRF for dynamic policy arbitrationS10 - MME to MME support for Category 1 handover supportX2 - eNodeB to eNodeBS1-u - between eNodeB and SGWS1 - MME – between eNodeB and MMES5 - between SGW and PGWS6a - between MME and HSSS11 - between MME and SGWSGi - between PGW and external PDNGx - between PGW and PCRF (for QoS policy, filter policy and charging rules)Rx - between PCRF and AF located in a PDNGy/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 State’s 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 networkmanagement 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 monitoringand 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 ofmonitoring 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 providinghistorical 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 State’s fiber core network. It shall be the Contractor’s 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 State’s 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 manufacturer’s 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 State’s 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 NEW JERSEY 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 initialload, 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 manufacturer’s 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 manufacturer’s 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 manufacturer’s 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 ¾” 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 localCodes.

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 Statereserves 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 Managerapproval. 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 Contractor’s Project Managerand 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.

• Phase Acceptance Milestone: Successful completion of Field Functional/Operational 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.

• Phase Acceptance Milestone: Successful completion of Field Functional/Operational 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)

• Phase Acceptance Milestone: Successful completion of Field Functional/Operational 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 Program–2 Year Warranty Period (M&IP2WP); Operations Program–2 Year Warranty Period (OP2YWP); Maintenance and Inspection Program–Post Warranty Period (M&IPPWP); and Operations Program–Post 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 State’s 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 State’s 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 Statetrainers 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 OperationLTE System CoverageIP Multimedia SubsystemSystem DiagnosticsSystem Subscription and ProgrammingSystem 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 equipment, testing and training.

3. Completion of Phase 3: Morris, Passaic, and Essex Counties implemented including all equipment, testing and training.

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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 equipment, testing and training.

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 RFP’s 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 athttp://www.state.nj.us/treasury/purchase/bid/summary/<bid#>.shtmlunless 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 1Section 1 - Forms (Sections 4.4.1 and 4.4.2) Section 2 - Technical Proposal (Section 4.4.3) – NOTE: This section of the bidder’s submission should be no smaller than a 12 point font.Section 3 - Organizational Support and Experience (Section 4.4.4) Volume 2Section 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 contractsdesignated 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 TREASURYDIVISION OF REVENUE

MINORITY AND WOMEN BUSINESS DEVELOPMENT UNIT33 WEST STATE STREET – FIFTH FLOOR

PO BOX 026, TRENTON, NJ 08625-0026TELEPHONE: 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 subcontractor’s(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

Not applicable to this procurement.

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 bidder’s/offeror’s 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 bidder’s early attention to this

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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 bidder’s 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 bidder’s 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 workoutlined 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 bidder’s 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 bidder’s response to this section should be designed to convince the State that the bidder’s detailed plans and approach proposed to complete the Scope of Work are realistic, attainable and appropriate and that the bidder’s 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

Overall1. Contract execution2. Phase 1, 2, and 3 site assessments (review/analysis of sites previously

assessed by 3rd party), acquisitions/purchase options (if any)3. Construction Permits Process (if any)4. Network (LTE RAN/CN) deployment5. Backhaul Evaluation and deployment6. Acceptance test7. Phase acceptance milestones8. System acceptance milestone

Per Phase

1. Notice to proceed2. Detailed design review process3. Submittals4. Detailed design plan5. 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 shelters8. Backhaul installation milestone9. 700 MHz LTE RAN/EPC equipment installation milestone

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10. 700 MHz LTE/EPC equipment integration milestone11. Phase acceptance milestone

4.4.3.4 mobilization and implementation plan

Not applicable to this procurement.

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 subcontractormanagement, 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 bidder’s 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 subcontractor’s 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 bidder’s 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 bidder’s 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 bidder’s 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 bidder’s 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 Bidder’s 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 Program–2 Year Warranty Period (M&IP2WP); Operations Program–2 Year Warranty Period (OP2YWP); Maintenance and Inspection Program–Post Warranty Period (M&IPPWP); and Operations Program–Post 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 05/13/10accompanying 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

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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 contractor’s 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 subcontractor’s management, supervisory and other key personnel that demonstrate knowledge, ability and experience relevant to that part of the work which the subcontractor is toundertake.

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 contractor’s charge or employ, will be considered a violation of this contract and may result in contract termination and the contractor’s 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 contractor’s 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 contractor’s 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/repositoryor

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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 State’s Asset Classification and Control policy, 08-04-NJOIT (www.nj.gov/it/ps). Additionally, data must be disposed of in accordance with the State’s 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 contractor’s 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 State’s 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 contractor’s employees, and method used for granting and denying access to the contractor’s 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 contractor’s infrastructure and access to the State’s infrastructure.

• Password Management – the appropriate password management controls to meet defined regulation or security requirements.

• Logging / Auditing controls – the contractor’s 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 contractor’s 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 State’s name, logos, images, or any data or results arising from this contract as a part of any commercial advertising without first obtaining the prior written consent of the Director.

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 besubmitted 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

Not applicable to this procurement.

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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 contractor’s 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 contractor’s 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 contractor’s written proposal, the State Contract Manager shall forward same to the Director for the Director’s 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 Jersey’s 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 Director’s written approval. In the event the contractor proceeds with additional work and/or special projects without the Director’s written approval, it shall be at the contractor’s sole risk. The State shall be under no obligation to pay for work performed without the Director’s written approval.

5.22 FORM OF COMPENSATION AND PAYMENT

This section supplements Section 4.5 of the NJ Standard Terms and Conditions version 05/13/10accompanying 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 contractor’s 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 contractor’s acceptance and a State agency’s 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 replacedwith 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 replacedwith 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 05/13/10accompanying 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:

• Contractor’s total sales volume to each purchaser under the contract, subtotaled by product, including, if applicable, catalog number and description, price list with appropriate page reference and/or contract discount applied.

• Total dollars paid to subcontractors.

Submission of purchase orders, confirmations, and/or invoices do not fulfill this contract requirement for information. 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 Kingdom’s 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 State’s discretion whether to require the bidder to give an oral presentation or require the bidder to submit written responses to questions regarding its 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 member’s 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 bidder’s 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 Bidder’s experience on projects of similar size and scope, the bidder’s 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 Bidder’s response to the maintenance inspection and operations requirements, testing and acceptance requirements and training.

6.4.2 BIDDER’S PRICE SCHEDULE

For evaluation purposes, bidders will be ranked according to the total bid price located on thePrice 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 State’s 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 bidder’s 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 State’s best interests and to maximize the State’s 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 Order134 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 Jersey’s efforts to protect the integrity of procurement decisions and increase the public’s 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 individual’s spouse or civil union partner and any child residing with that person.1

1 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 State’s 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 contractor’s 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.

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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 Manager’s 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.

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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 Jersey’s 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.

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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

In accordance with ARRA, §1605, the Contractor assures that it and its subcontractor(s) 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

In accordance with ARRA, §1553, the Contractor assures that it and its subcontractor(s) 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 employee’s duties, to the federal government or any representative thereof, the State of New Jersey, a

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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

periodd. A detailed list of all projects or activities for which ARRA funds were expended or

obligated, includingi. 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;

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(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.