PURCHASING MEMORANDUM

Transcription

1 New York State Office Of General Services Procurement Services Group Corning Tower Building Empire State Plaza Albany, New York PURCHASING MEMORANDUM BID SOLICITATION UPDATE RFP NUMBER: DATE: March 20, 2009 PLEASE ADDRESS INQUIRIES TO: GROUP: Public Safety Ancillary Equipment Percy Wilson Phone (518) Fax (518) BID OPENING: April 23, 2009 Larry Klein Team Leader Phone (518) Fax (518) SUBJECT: I. Response to Inquiries For RFP II. Addendum 1-Changes to RFP III. Updated Version of RFP 21390, dated March 20, 2009 TO PROSPECTIVE BIDDERS: SUBJECT I RFP 21390, Public Safety Ancillary Equipment and Accessories, contained a period for written inquiries. The following are the responses to inquires received for RFP 21390: 1. Page 1, Signature Page On the first page of the RFP it states that Bids may be sent to the Corning Tower - 38 th floor but on page 53 Section V.2 it states Bids are to be sent to Floor 37 Mayor Erastus Corning 2 nd Tower, GNAR Empire State Plaza. Which is the correct address? The following is the correct address to send bids: OGS Procurement Services Group, Floor 37, Mayor Erastus Corning 2 nd Tower GNAR Empire State Plaza Albany, New York, Addendum 1 changed the first page of RFP to clarify this.

2 GROUP PUBLIC SAFETY ANCILLARY EQUIPMENT PAGE 2 2. Page 1, Signature Page There are numerous areas in the RFP where the vendor is required to provide a signature. Will NYS consider amending the Signature Page to cover all signatures? OGS will not amend the Signature Page to cover all signatures. All signatures are required per the requirements of Section VI and Appendix C of RFP Page 6, Section I.1, Scope Is this RFP for a project or is it a contract vehicle? If this is a contract vehicle, is it similar to the RFP Security Systems and Solutions? RFP is a contract vehicle. Page 6, Section I.1 states Contracts established as a result of this RFP will be for Authorized Users of New York State contracts, which include New York State Agencies and others authorized by law (see NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS in Section I.5). Authorized Users will issue purchase orders for specific projects during the life of contracts awarded as a result of RFP Page 12, Section II.3.H, General Conditions Regarding warranty, our warranty is 12 months from shipment. The contract says 12 months from delivery. Is that the same thing? Twelve months from shipment is not the same as twelve months from delivery. Warranty shall begin when the product arrives at the Authorized User s premises. 5. Page 16, Section II.8.1, NYS Net Price Lists for LOTS 1-8 (LOT ) If a published catalog does not exist for a specific manufacturer will a catalog from a contractor / bidder be allowed as a suitable substitute? The bidder is allowed to provide their officially published catalog. However, the bidder must provide a letter from the manufacturer, on the manufacturer s official corporate letterhead, attesting that they don t have an officially published catalog and that the MSRP in the bidder s officially published distributor catalog is the same MSRP that the manufacturer offers to all customers in the United States. 6. Page 16, Section II.8.1, NYS Net Price Lists for LOTS 1-8 (LOT ) The RFP states that it is mandatory that the Bidder provides 80% or more of the products offered in the manufacturers catalog. Does this mean 80% of the equipment as it pertains to the LOTS or 80% of the catalog regardless of if it is applicable to the LOTS? The 80% requirement pertains to the products in the catalog that are applicable to the LOT.

3 GROUP PUBLIC SAFETY ANCILLARY EQUIPMENT PAGE 3 7. Page 16, Section II.8.1, NYS Net Price Lists for LOTS 1-8 (LOT ) The manufacturer s officially published catalog that we are proposing contains many products that will be discontinued within the next six months. The manufacturer will not allow us to bid these products. If the discontinued products are counted, we will not meet the 80% or more requirement of the RFP. What do we do in this situation? For this situation, the bidder must provide a letter from the manufacturer, on the manufacturer s official corporate letterhead, identifying the products that will be discontinued and providing the anticipated time when an updated manufacturer s officially published catalog will be released. OGS anticipates that the bidders product lines and MSRP will change between the bid opening and contract award. Section III.18 of RFP outlines the procedure for changing the NYS Net Price Sheets. 8. Page 16, Section II.8.1, NYS Net Price Lists for LOTS 1-8 (LOT ), LOT 1 Please confirm that a multiband portable radio, providing interoperability across multiple radio frequencies and communications devices fits within the category definition of LOT 1 Interoperability Systems. Portable radios do not meet the scope of RFP OGS recommends that vendors with multiband portable radios register for the OGS Bidder Notification System (BNS) under codes 32, 43, 46, and 92 for the Radio Communications Equipment RFP (Group 77200, RFP 19521). RFP will be re-released according to the period recruitment provisions of the RFP. RFP will be released through the OGS Bidder Notification System. Please click on the link in Question 36 of this Purchasing Memorandum to register on the Bidder Notification System. If you have any questions, be sure to contact Customer Services at or send an to customer.services@ogs.state.ny.us 9. Page 16, Section II.8.1, NYS Net Price Lists for LOTS 1-8 (LOT ), LOT 1 This goes far beyond simply linking voice and PTT. Such an "Interoperability System" would need to translate radio signaling protocols, which in many cases are proprietary. Is NYS looking for someone to design a solution so that these signaling protocols can talk to each other? The requirement for interoperability of trunking protocols was changed to interoperability of voice with PTT. Bidders may offer addition features such as secure transmissions, emergency ID, unit ID, and call priority. Addendum 1 changed Section II.8.1 of RFP to reflect this. As for NYS looking for someone to design a solution, please refer to the answer to Question 3. Authorized Users of contracts resulting from RFP will make those determinations. 10. Page 16, Section II.8.1, NYS Net Price Lists for LOTS 1-8 (LOT ), LOT 1 For the VoIP solution is NYS looking to integrate and at what level in the Radio System? Is the VoIP solution a stand alone test bed or is it integrated with Radio Mid-Com interface? See the answer to Question 3. Authorized Users of contracts resulting from RFP will make those determinations.

4 GROUP PUBLIC SAFETY ANCILLARY EQUIPMENT PAGE Page 16, Section II.8.1, NYS Net Price Lists for LOTS 1-8 (LOT ), LOT 1 Does the system need to be cataloged as separate components or as a complete system? Section I.1 of RFP states that The New York State Office of General Services (OGS), Procurement Services Group (PSG) is seeking responses to this RFP for the purpose of establishing comprehensive catalog contracts for Public Safety Ancillary Equipment and Accessories. For the Bid Sheets in Section VIII, Appendix C, Section 5a of RFP states that Bidders must base their bids on the latest revision of the manufacturer s or distributor s officially published catalog in effect and identified as of the time of the bid opening. Finally, Appendix C, Section 5c, part iii of RFP provides instructions on how to complete the NYS Net Price List (Attachment 1 on OGS Bid Calendar) as follows: Next, the Bidder is to enter the manufacturer and model name/number of the product along with the product description. The Bidder is to then enter the manufacturer s suggested retail price. The Bidder must use the model name/number and MSRP from the catalog stated in the Bid Sheet. Do not include bundled items, bundled prices, or alternative model names/numbers that are not shown in the Manufacturer s or Distributor s Officially Published Catalogs. 12. Page 18, Section II.8.1, NYS Net Price Lists for LOTS 1-8 (LOT ), LOT 4 For the Fire Station Alerting Systems what type of interfaces is required? Are these Fire Station Alerting Systems dispersed over different areas? See the answer to Question 3. Authorized Users of contracts resulting from RFP will make those determinations. 13. Page, 18, Section II.8.1, NYS Net Price Lists for LOTS 1-8 (LOT ), LOT 4 What types and how many Fire Alarm Alerting Systems are there? See the answer to Question 3. Authorized Users of contracts resulting from RFP will make those determinations. 14. Page 18, Section II.8.1, NYS Net Price Lists for LOTS 1-8 (LOT ), LOT 6 Can we get an idea of what type of building structures will we be dealing with (size, structure type, etc )? See the answer to Question 3. As contracts awarded as a result of RFP are not project specific, we have no way of knowing this. Authorized Users of contracts resulting from RFP will make those determinations at the time of purchase.

5 GROUP PUBLIC SAFETY ANCILLARY EQUIPMENT PAGE Page 20, Section II.8.2, Services (LOT ) Should vendors include the pricing for warranty Y2-Y5 in the list price or as a warranty beyond standard warranty priced out per year? Per Appendix C, Section 5c, part iv, bidders are to propose prepaid emergency maintenance (after expiration of the standard warranty) for a monthly, yearly, 2-year, or 3-year period for individual items in the NYS Net Price List or on a per system basis. If the bidder has an extended warranty listed in their officially published catalog with MSRP, it can be listed in the NYS Net Price List along with the other products. However, the extended warranty must be included in the discount category structure (e.g Category A-10%, Category B-15%, etc.). OGS will not accept built in increases to a yearly service rate. An example of this would be as follows: Year 2-$100 Year 3-$110 Year 4-$120 Year 5-$130 Section III.18 of RFP outlines the procedure for increasing service prices as follows: Additionally, where the pricing submitted for services are not benchmarked to an approved GSA Supply Schedule, Vendor may request an increase in the pricing contained in the NYS Net Price List provided that Vendor certifies in writing that the price change for services applies to all U.S. customers using the same benchmark. Such adjustment shall not exceed the lesser of five (5%) percent or the percent increase in the latest copy of the National Consumer Price Index for All Urban Consumers (CPI-U), as published by the U.S. Department of Labor, Bureau of Labor Statistics, Washington, D.C Vendor has the sole responsibility to submit to OGS a service rate adjustment request thirty (30) days prior to the anniversary date of the contract award, providing a copy of the index and other supporting documentation necessary to support the request. In the event that this index ceases to be published, the referent index shall be as issued by the U.S. Department of Labor in its place. In no case shall the percentage increase result in a NYS Price, which exceeds Vendor s commercial price list. 16. Page 21, Section II.9.1, General Provisions (Maintenance of Equipment) Several lots will have Passive products that normally do not require maintenance. How should maintenance for those products be reflected in the pricing table? Per Appendix C, Section 5c, part iv Valid entries include the following: Dollar Amount. No Cost. The Bidder provides maintenance service on the item at no cost to the purchaser. Included. The cost of maintenance is included with the service rate stated above. The price sheet must clearly refer the purchaser to the rate that will be paid. Not Applicable. Maintenance service is not performed for the item.

6 GROUP PUBLIC SAFETY ANCILLARY EQUIPMENT PAGE Page 35, Section II.20, Examination of Sites and Specifications (Mandatory) Please clarify the mandatory site visits requirement. Are the site visits to be conducted prior to the issuance of a specific Purchase Order resulting from a contract issued as a result of RFP or are site visits required prior to submitting a proposal of RFP 21390? The site visits are to be conducted prior to the issuance of a specific Purchase Order resulting from a contract issued as a result of RFP Page 35, Section II.20, Examination of Sites and Specifications (Mandatory) For the Lots that require site visits what allowances will there be for specialized products that may be required due to the uniqueness of the site. If the specialized product is within the scope of RFP 21390, the Contractor can follow the procedures outlined in Section III.18 of RFP for changing the NYS Net Price Sheets. The specialized product would have to be available for purchase for all Authorized Users of NYS contracts at or below the stated NYS Net Price. If the specialized product is outside the scope, the Contractor and Authorized User would have to use a contract vehicle outside of Award Page 44, Section III.15, Price Adjustments Will NYS accept an updated price list every year? The Contractor can follow the procedures outlined in Section III.18 of RFP for changing the NYS Net Price Sheets whenever there are changes in products and services. Updates can be submitted on a periodic basis to coincide with newly published catalogs or on an ad hoc basis when a specialized product is needed for a unique solution. 20. Page 50, Section III.24, Procurement Contract Fee All of the product to be offered by us is sold/service by dealers through out the State. This Contract Fee adds additional cost to the product, unnecessary paperwork, and accounting for the product we plan to offer. We request that the State rescind this requirement allowing us to offer our true best price without added contract fees. With the rising cost of doing business these additional charges make it ever so much more difficult to do business in New York State. Being a small business in New York State we find it hard to believe the State has come up with yet another reason to prevent growth of businesses in the State by adding yet another TAX (called a Contract fee). State Finance Law 163-c (added by Part F of Chapter 56 of the Laws of 2008) imposes a centralized procurement contract fee (procurement fee) for centralized contracts for the purchase of commodities, services and technology awarded and administered by the Commissioner of General Services. OGS does not have control of modifying the State Finance Law (passed by the New York State Legislature) and therefore, cannot rescind the Procurement Contract Fee.

7 GROUP PUBLIC SAFETY ANCILLARY EQUIPMENT PAGE Page 51, Section III.28, Product Support For discontinued products, will NYS allow substitution of newer, functionally equivalent products to comply with III.28? Substitution of newer, functionally equivalent products will be allowed for discontinued products if the substitution is not a forklift upgrade of a system solution. The Contractor can follow the procedures outlined in Section III.18 of RFP for deleting the discontinued products from and adding the newer, functionally equivalent products to the NYS Net Price Sheets. 22. Page 114, Appendix B General Specifications -Section 78(a), (d); Exception and Request for Clarification: Section 78(a) provides for a perpetual, fully paid license to software. Moreover, 78(d) provides that software maintenance is optional. In the case of VOIP based products, the software component may represent a substantial aspect of the overall functional capabilities of the product being proposed. In this regard, ongoing software maintenance and support is an integral part of the product offering to ensure that the product remains current. In the case of interoperable gateway solutions which by their nature envision collaborative interaction and use among disparate parties, maintaining software compatibility among users is particularly important to maintaining the functional integrity of the product. It is common industry practice to require maintenance subscription as a condition to its licensed use, and provision should be made for these concepts in order to avoid the exclusion of potentially cost effective and state of the art of products which vendors cannot reasonably comply with. Page 22, Section II.9.1 of RFP states the following: The Authorized User shall not be required to purchase maintenance for use of product, and may discontinue maintenance at the end of any current maintenance term upon 30 days written notice to Contractor prior to the end of the term. In the event that the Authorized User has elected not to purchase a maintenance plan, or the Authorized User has discontinued such purchased maintenance, the Authorized User may acquire hourly emergency maintenance at any time thereafter. The Authorized User may only return to a maintenance plan after obtaining express written approval from the Contractor. The NYS Net Price Sheets-Attachment 1 on the Bid Calendar on the OGS web site has an hourly emergency maintenance table for bidders to provide these rates. It would be the Authorized User s decision to acquire a software maintenance subscription. If the software becomes outdated, it would be the Authorized User s responsibility. The Contractor could recommend a software maintenance subscription to the Authorized User.

8 GROUP PUBLIC SAFETY ANCILLARY EQUIPMENT PAGE Page 114, Appendix B General Specifications Appendix -Section 78; See, also Section 78(e): Exception and Request for Clarification: Section 78(a) should be modified to provide for and contemplate embedded software which is specifically tied to a specific licensed hardware unit. Under the current proposed language, software is envisioned solely in a seat license context and fails to account for licensing methods where software is licensed for use by specified end-users (such as an agency and its employees without regard to number) in conjunction with a specific computing machine unit. Similarly, where software is licensed for use with a dedicated computing device, Section 78(e) appears to permit the transferability and movability of software without restriction to other computing devices. Vendors should be permitted to restrict transfer of software where the software is specifically designed to reside on a dedicated computing device. Reasons for this includes the fact that interoperable communications require enhanced security and stability, and requiring software to operate on dedicated computing devices improves security and reliability. OGS will not change Sections 78(a) and 78(e) of Appendix B. The RFP states the following: II.2 GENERAL CONSIDERATIONS Prospective bidders should note that the Appendix A Standard Clauses for New York State Contracts and Appendix B General Specifications shall apply to this RFP. NOTE: Appendix B was revised and updated in July 2006, no changes to Appendix B will be considered. Listing extraneous terms that conflict with Appendix B will delay the evaluation of your proposal and may delay a recommendation for contract award or cause the proposal to be deemed non-responsive and ineligible for contract award. 24. Page 117, Appendix B General Specifications -Section 81(b). Exception and Request for Clarification: Section 81(b) should be modified to permit network or network-like interface devices ( NIDs ) to be furnished by the Vendor and for the Vendor to maintain ownership of such devices as is customary within the communications industry. Section 81(b) provides for no such concept. In connection therewith, Vendors should be permitted to require premises owners where the NID devices are located to enter into a site access and equipment location agreement on mutually agreeable terms. Vendors should be permitted to include as a supplemental attachment the standard proposed terms and conditions of such an agreement. Network Interface Devices that are used as a demarcation for telecommunications services provided by the Contractor or other service providers are not part of the scope for RFP Page 135, Appendix C, Section 3a, Financial Security/Certification to Conduct Business/Insurance The first paragraph states there is a requirement for a D&B D-U-N-S number along with a company profile. If a company currently holds a contract under Group can we include this information from this current contract? Companies that currently hold a contract under Group can use their previous D-U-N-S number and company profile.

9 GROUP PUBLIC SAFETY ANCILLARY EQUIPMENT PAGE Page 135, Appendix C, Section 3a, Financial Security/Certification to Conduct Business/Insurance The second paragraph states Bidder required to provide D&B Comprehensive Report with bid. If we currently hold a contract with Group is this necessary? If so can we use the one we used for our current contract? Companies that currently hold a contract under Group would still have to provide an updated D&B Comprehensive Report. 27. Page 138, Appendix C, Section 3c, Financial Security/Certification to Conduct Business/Insurance For Commercial General Liability Insurance, the RFP states that the requirement is with a limit of not less than $5,000, each occurrence. The current Group Radio Communications Contract is $1,000,000 per occurrence. Many of the dealer and service shops on the current contract had difficulties in obtaining the $5,000,000 requirement and the State rescinded to $1,000,000. We request that the State follow the current insurance requirements in place regarding General Liability. Commercial General Liability Insurance was changed from $5,000,000 to $1,000,000. Addendum 1 changed Appendix C, Section 3c of RFP to reflect this. 28. Page 139, Appendix C, Section 3c, Financial Security/Certification to Conduct Business/Insurance For Business Automobile Liability Insurance, the RFP states that the requirement is with a limit of not less than $5,000, each occurrence. The current Group Radio Communications Contract is $1,000,000 per occurrence. Many of the dealer and service shops on the current contract had difficulties in obtaining the $5,000,000 requirement and the State rescinded to $1,000,000. We request that the State follow the current insurance requirements in place regarding Automobile Liability. Business Automobile Liability Insurance was changed from $5,000,000 to $1,000,000. Addendum 1 changed Appendix C, Section 3c of RFP to reflect this. 29. Page 139, Appendix C, Section 3c, Financial Security/Certification to Conduct Business/Insurance For Errors and Omission Liability Insurance, the RFP states that the requirement is with a limit of not less than $5,000,000 per loss. The current Group Radio Communications Contract is $1,000,000 per occurrence. Many of the dealer and service shops on the current contract had difficulties in obtaining the $5,000,000 requirement and the State rescinded to $1,000,000. We request that the State follow the current insurance requirements in place regarding Errors and Omissions Liability. Errors and Omission Liability Insurance was changed from $5,000,000 to $1,000,000. Addendum 1 changed Appendix C, Section 3c of RFP to reflect this.

10 GROUP PUBLIC SAFETY ANCILLARY EQUIPMENT PAGE Page 140, Appendix C, Section 3c, Financial Security/Certification to Conduct Business/Insurance For Pollution Legal Liability Insurance, the RFP states in the last paragraph If Contract includes disposal of material pollution legal liability $5,000,000. Two-Way Radio equipment that we plan to offer is ROHS compliant and does not contain the aforementioned hazardous material; therefore we request that this requirement be waved for the type of product we offer. Pollution Legal Liability Insurance was modified to require Contractors to purchase it when specified by an Authorized User for their specific purchase. Addendum 1 changed Appendix C, Section 3c of RFP to reflect this. The Contract Award Notification for Award will advise Authorized Users of this requirement. 31. Page 150, Appendix C, Section 3a, Bid Sheets If the manufacturer does not have an officially published catalog, what is an acceptable response to fill in as the name and date? The name and date of the bidder s officially published catalog would be acceptable. The bidder must also provide a letter from the manufacturer, on the manufacturer s official corporate letterhead, attesting that they don t have an officially published catalog and that the MSRP in the bidder s officially published distributor catalog is the same MSRP that the manufacturer offers to all customers in the United States. 32. Page 158, Appendix C, Section 7, Proof of Sales The RFP states that Bidders must show proof of sales for the equipment listed on their proposed NYS Net Price Sheets for the 24 month period prior to the bid opening date for customers throughout the United States. The Bidders must provide proof of sales on a per LOT basis for each LOT bid. How do we count sales for a new product that has not been on the market for 24 months? This new product is similar to the products we provided over the last 24 months. The bidder does not need to show proof of sales for every item on the NYS Net Price Sheet. For example, if a NYS Net Price Sheet has 980 products that were on the market for the last 24 months and 20 products that were on the market for one month, proof of sales can be demonstrated from among the 980 products. However, if a major component of a bidder s proof of sales for a LOT is met with a set of products that was replaced with equivalent products within the last 24 months; the bidder may use sales for the discontinued items as proof of sales. Sales for the discontinued products have to be within 24 months of the bid opening. NYS reserves the right to determine whether the discontinued items are equivalent to the replacement products and meet the scope of the LOT bid. Addendum 1 changed Appendix C, Section 7 of RFP to reflect this. 33. Page 152, Appendix C, Section 3b, Manufacturer s and Distributor s Official Published Catalog Can we provide an excel spreadsheet showing the part numbers, descriptions and list price in lieu of providing you with a copy of the officially published catalog if one does not exist from the manufacturer? An Excel spreadsheet showing the part numbers, descriptions, and MSRP (not list price) in lieu of providing a copy of the manufacturer s officially published catalog is acceptable. However, the bidder must provide a letter from the manufacturer, on the manufacturer s official corporate letterhead, attesting that they don t have an officially published catalog and that the MSRP in the bidder s officially published distributor catalog is the same MSRP that the manufacturer offers to all customers in the United States.

11 GROUP PUBLIC SAFETY ANCILLARY EQUIPMENT PAGE Page 187, Appendix F, Prevailing Wage Rates The RFP states that we should find current labor rates at Upon viewing the site and downloading the 2000 page document we found that this document pertains to general construction, nothing about Two-Way Radio Equipment. In order to fill out the NET Price Pages for Integration, Installation, Move, Add, Changes, Preventive Maintenance, Training, and Equipment Inspection do we put our rates under Non-Prevailing Wages Column and ignore the other rate columns? Per Page 155, Appendix C, Section 5c, part vi, The Bidder is to then determine if the job title is a Prevailing Wage job title. This section also states If the job title is not a Prevailing Wage job title, the Bidder is to enter the Total Hourly Rate in the Non-Prevailing Wage column only. 35. Attachment 1 - New York Net Price Sheet ( Net Price Sheet) Question and Request for Clarification: In addition to a straight purchasing option in respect of equipment that may be purchased under the subject contract, we offer alternate time based payment mechanisms (Alternate Payment Structures ). For example, rather than offering a widget for sale with an upfront purchase price of $100.00, the Vendor may also offer an installment payment method or capital lease type offering wherein the purchaser may pay $22.00 per year for five (5) years. Alternate Payment Structures provide purchasers with more flexibility to acquire equipment within the constraints and availability of finances. The Net Price Sheet does not provide a means to offer Alternate Payment Structures. Should a supplemental sheet or other means be used to offer such alternatives, or are they not permitted. Alternate payment structures are not included on the OGS price pages. Any such future arrangements would be between Authorized Contract Users and the contract holder and would need to comply with any regulations in effect at the time of purchase. 36. How can prospective bidders for this and other procurement opportunities receive notification of such opportunities? Potential bidders are encouraged to register on the New York State Online Vendor Notification System at: Potential bidders are encouraged to periodically reference the Bid Calendar at for bid opportunities and bid updates.

12 GROUP PUBLIC SAFETY ANCILLARY EQUIPMENT PAGE 12 SUBJECT II - ADDENDUM 1 NOTE: Bidders are reminded that incomplete, inaccurate, or noncompliant submissions may result in rejection or delay of award of their bid submission. Bidders are required to submit the latest version of RFP Failure to do so can cause their proposal to be deemed non-responsive and ineligible for recommendation for Contract Award. Changes to RFP: The following changes are hereby made to RFP 21390: 1. Page 1, Signature Page (Corrected version included in the revised RFP) From: State of New York Executive Department Office of General Services -Procurement Services Group Corning Tower - 38th Floor Empire State Plaza Albany, NY To: State of New York Executive Department Office of General Services -Procurement Services Group Corning Tower - 37th Floor Empire State Plaza Albany, NY Page 16, Section II.8.1, NYS Net Price Lists for LOTS 1-8 (LOT ), LOT 1 From: The interoperability system shall handle radios in multiple bands such as HF, VHF low band, VHF high band, UHF, 700 MHz, 800 MHz, and 900 MHz and be compatible with protocols such as, but not limited to, Project 25, OpenSky, SmartNet/SmartZone, EDACS, Multi-Net, and Logic Trunked Radio trunking protocols. To: The interoperability system shall handle radios in multiple bands such as HF, VHF low band, VHF high band, UHF, 700 MHz, 800 MHz, and 900 MHz and link voice with PTT for radios with protocols such as, but not limited to, Project 25, OpenSky, SmartNet/SmartZone, EDACS, Multi-Net, and Logic Trunked Radio trunking protocols. Bidders may offer additional features such as secure transmissions, emergency ID, unit ID, and call priority.

13 GROUP PUBLIC SAFETY ANCILLARY EQUIPMENT PAGE Page 78, Appendix 1, NYS Standard Vendor Responsibility Questionnaire (SVRQ) The Yes and No boxes were removed for the statement in question 14(o) of the SVRQ. Bidders are to complete the March 2009 version of the SVRQ and submit it in their proposals. 4. Page 138, Appendix C, Section 3c, Financial Security/Certification to Conduct Business/Insurance From: The Contractor, throughout the term of this Contract, or as otherwise required by this Contract, shall obtain and maintain in full force and effect, the following insurance with limits not less than those described below and as required by the terms of this Contract, or as required by law, whichever is greater (limits may be provided through a combination of primary and umbrella/excess policies): To: The Contractor, throughout the term of this Contract, or as otherwise required by this Contract, shall obtain and maintain in full force and effect, the following insurance (unless noted) with limits not less than those described below and as required by the terms of this Contract, or as required by law, whichever is greater (limits may be provided through a combination of primary and umbrella/excess policies): 5. Page 138, Appendix C, Section 3c, Financial Security/Certification to Conduct Business/Insurance From: Commercial General Liability Insurance with a limit of not less than $5,000,000 each occurrence: To: Commercial General Liability Insurance with a limit of not less than $1,000,000 each occurrence: 6. Page 139, Appendix C, Section 3c, Financial Security/Certification to Conduct Business/Insurance From: Comprehensive Business Automobile Liability Insurance with a limit of not less than $5,000,000 each accident: To: Comprehensive Business Automobile Liability Insurance with a limit of not less than $1,000,000 each accident:

14 GROUP PUBLIC SAFETY ANCILLARY EQUIPMENT PAGE Page 139, Appendix C, Section 3c, Financial Security/Certification to Conduct Business/Insurance From: Errors and omissions liability insurance with a limit of not less than $5,000,000 per loss: To: Errors and omissions liability insurance with a limit of not less than $1,000,000 per loss: 8. Page 140, Appendix C, Section 3c, Financial Security/Certification to Conduct Business/Insurance The following expanded language provides additional information on Pollution Legal Liability Insurance: NOTE: THE CONTRACTOR IS NOT REQUIRED TO PURCHASE POLLUTION LEGAL LIABILITY INSURANCE WITHIN 30 DAYS OF NOTIFICATION OF CONTRACT AWARD. THE AUTHORIZED USER MAY REQUIRE THE CONTRACTOR TO PROVIDE POLLUTION LEGAL LIABILITY INSURANCE AS A CONDITION OF THEIR PURCHASE. THE CONTRACTOR IS TO PROVIDE POLLUTION LEGAL LIABILITY INSURANCE TO THE AUTHORIZED USER AT A TIME MUTUALLY ACCEPTABLE TO BOTH PARTIES. 9. Page 158, Appendix C, Section 7, Proof of Sales The following expanded language provides additional information on Proof of Sales: If a major component of a bidder s proof of sales for a LOT is met with a set of products that was replaced with equivalent products within the last 24 months; the bidder may use sales for the discontinued items as proof of sales. Sales for the discontinued products have to be within 24 months of the bid opening. NYS reserves the right to determine whether the discontinued items are equivalent to the replacement products and meet the scope of the LOT bid.

15 GROUP PUBLIC SAFETY ANCILLARY EQUIPMENT PAGE 15 SUBJECT III Addendum 1 changes have been incorporated into a revised version of RFP 21390, dated March 20, The new version of RFP must be used in your bid submission. A signed copy of Addendum I must be included with your proposal submission in response to RFP ATTENTION: Bidders are responsible for submitting the latest version of RFP 21390, and all revised, required submissions, dated March 20, Failure to do so may result in your bid being considered non-responsive. Bidders must acknowledge receipt of this Addendum and that their proposal submission will be based upon RFP Version dated March 20, 2009, by completing the following section and providing three copies with original ink signatures of the completed form with their bid. Reference the Proposal Table of Contents in the RFP. All bids shall be considered on the basis of this amendment. All other terms and conditions of the bid solicitation remain unchanged. I acknowledge receipt of ADDENDUM #01 of RFP Public Safety Ancillary Equipment BID OF (COMPANY): ADDRESS: CITY, STATE, ZIP: SIGNATURE OF BIDDER: PRINTED COPY OF SIGNATURE: DATE: * * * * *