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NYCSC CCC RFPPSC-15-2982XBridges and TunnelsAddendum No. 10July 30, 2020NYCSC Customer Contact Center Request for Proposals (RFP)PSC-15-2982XProspective Respondents: You are hereby notified of the following information in regard tothe referenced RFP:Revision:1.9 Submission of ProposalsPlease note: The Authorities’ email limit is 50 MB. If the Proposal files are in excess of this size,the Proposal shall be delivered via Microsoft Teams to vwarren@mtabt.org.All other terms, conditions and requirements of the original RFP dated March 30, 2020 remainunchanged unless modified by this addendum, or previous addenda to this RFP.Please ensure that receipt of this Addendum is acknowledged on Form A-11 of the solicitation.Sincerely,Zulema B. RobinsonDirector, ITS ProjectsJuly 30, 2020Page 1 of 1Addendum 10
NYCSC CCC RFPPSC-15-2982XBridges and TunnelsAddendum No. 9July 23, 2020NYCSC Customer Contact Center Request for Proposals (RFP)PSC-15-2982XProspective Respondents: You are hereby notified of the following information in regard to thereferenced RFP:Responses to three Category B questions were inadvertently omitted in the previous addenda. Thesequestions and the associated Authorities’ responses are provided immediately below and have also beenadded to the end of Category B Only responses as Items 27-29. The final list of all questions and responsesare paper-clipped to this addendum. There are no revisions to the RFP in this Addendum 9.All other terms, conditions and requirements of the original RFP dated March 30, 2020 remain unchangedunless modified by this addendum, or previous addenda to this RFP.July 23, 2020Page 1 of 3Addendum 9
NYCSC CCC RFPPSC-15-2982XRequest for Clarificationor Modification(Questions)#PDFPage #NYCSC CCC RFP – Additional Category B Only ResponsesSectionNumberSectionDescriptionProposer QuestionAuthority ResponseAddendum 927.1981.7 ID #51Supplies andEquipmentIn the following statement “for proactivereplacement and reactive replacement: AccountProfile Letter or Swap Letter, read prevention bag,and transponder and prepaid return envelope” isthe account profile letter a separate documentthan the swap letter?Yes, the account profile letter is different from theswap letter. Currently with a tag swap there is aninitial swap letter that is mailed advising customersthat their tag(s) is going to be swapped, next is the tagmailing (which includes the account profile, tag, readprevention bag, and postage-paid return envelope),finally, there is a reminder postcard that may bemailed.28.1981.7Supplies andEquipmentPlease confirm if a follow-up postcard is requiredto be sent to customers as a reminder to returntheir transponders associated with tag swap.This will be determined during the planning andDesign period. The new system will include SMS andemail capabilities that may be used for customers witha mobile phone number or email on file. Please alsorefer to the response to Questions 27 and 29.29.1170Category BPriceProposal/Pricing SheetsandInstructions/Job AidSheet 3-2 Back-upAnnual Unit BasedPricing(Based on AssumedEvaluation Volumes)Could the Authority please confirm if the annualevaluated number of transponders listed in thepricing forms includes tag swap related volumes? Ifso, what are the annual volumes associated withtag swap for years 1-7.The evaluation units assume that there will not be anactual swap/recall but that hard case transponderswill continue to be issued at decreasing levels andthey will be replaced gradually over time inaccordance with the rollout of 6C. It was assumed thatwhen a standard, hard case transponder is returneddue to end of useful life it would be replaced by a 6Ctransponder beginning in Year 2 of Operations. Theseassumptions are subject to change, based on theactual implementation and rollout of 6C.July 23, 2020Page 2 of 3Addendum 9
NYCSC CCC RFPPSC-15-2982XPlease ensure that receipt of this Addendum is acknowledged on Form A-11 of the solicitation.Sincerely,Zulema B. RobinsonDirector, ITS ProjectsJuly 23, 2020Page 3 of 3Addendum 9
NYCSC CCC RFPPSC-15-2982XBridges and TunnelsAddendum No. 8July 20, 2020NYCSC Customer Contact Center Request for Proposals (RFP)PSC-15-2982XProspective Respondents: You are hereby notified of the following information in regard to thereferenced RFP: Part A - Official log of Proposers’ exceptions to terms and conditions and the Authority’sresponses. Authority responses are separately numbered and provided for Category A andCategory B. Please note that where Proposers did not use redlining as instructed, theAuthorities made their best efforts to identify the change being requested and are notresponsible for any resulting misinterpretation. Part B - Official revisions to the NYCSC CCC RFP including revisions in response to Proposers’exceptions and other revisions made by the Authorities.All other terms, conditions and requirements of the original RFP dated March 30, 2020 remain unchangedunless modified by this addendum, or previous addenda to this RFP.PART A: QUESTIONS AND ANSWERSThis Addendum 8 includes Authorities’ responses to all exceptions that were pending in Addendum 7.Please note that responses that were provided in Addendum 7 are included but are grayed out.July 20, 2020Page 1 of 187Addendum 8
NYCSC CCC RFPPSC-15-2982XRequest for Exceptions toNYCSC CCC RFP – Category A (Section 4A)Terms and Proposer Exception & Requested RevisionAuthority Response1.AllAllGeneral ExceptionXXXXXX takes a general exception to the use of “solediscretion” and believes such provisions should bemutual, especially where the provisions relate topersonnel.The Authorities cannot agree to remove allreferences to its sole discretion in theabsence of requests for specific changes orproposed alternative wording.2.6462.01Services RequiredRevise last sentence to: “The Contractor shall perform allsuch Services in a competent and professional manner tothe satisfaction of the Authority as required by theContract documents.”The Authorities will not make this change.3.646CHAPTER 2 TIME ANDMANNER OFPERFORMANCEThe term of theAgreement is five (5)years from Notice toProceed, with two (2),two (2) year optionsthereafter to beexercised at the soledetermination of theAuthorities which, ifexercised, the Authorityshall provide theContractor no less thanone hundred andtwenty (120) day Noticeprior to the exercise. Inaddition, theAuthorities shall havethe right to exercise attheir sole discretion, aProposed change: modify as follows:The Authorities will not make this change.ADDENDUM 8 (Addendum 7 responses are grayed out)ARTICLE 2.02CONTRACTTERMJuly 20, 2020“The term of the Agreement is five (5) years from Noticeto Proceed, with two (2), two (2) year options thereafterto be exercised at the sole determinationupon mutualagreement of the Contractor and the Authorities which, ifexercised, the Authority shall provide the Contractoroccurno less than one hundred and twenty (120) day Noticeprior to the exercise. In addition, the Authorities shallhave the right to exercise at their sole discretion, a 120day extension to either the base Contract or anyextension thereto. There are two Phases to the Project:The Implementation Phase and the Operations andMaintenance (O &M) Phase. The Implementation Phasewill begin with Notice to Proceed and the O&M Phase willbegin sixty (60) days after Go-Live”Rationale: extension of the term should be a mutualdecision of the Parties.Page 2 of 187Addendum 8
NYCSC CCC RFPPSC-15-2982XRequest for Exceptions toNYCSC CCC RFP – Category A (Section 4A)Terms and on646CHAPTER 2 TIME ANDMANNER OFPERFORMANCEThe Contractoracknowledges that theAuthority shall beresponsible for makingall policy decisionsregarding the operationof the New YorkCustomer ServiceCenter. The Contractoragrees to provideadvice andrecommendations withrespect to policy issuesas directed by theAuthority in good faithARTICLE 2.03RESPONSIBILITY FOROPERATIONALPOLICYJuly 20, 2020Proposer Exception & Requested RevisionAuthority ResponseProposed change: modify as follows:The Authorities will not make this change;however, the Proposer has not copied thelast sentence of the article which states: “Ifany changes in policy decisions result inExtra Work, the terms of Article 2.14 shallapply.”120-day extension toeither the base Contractor any extensionthereto. There are twoPhases to the Project:The ImplementationPhase and theOperations andMaintenance (O &M)Phase. TheImplementation Phasewill begin with Noticeto Proceed and theO&M Phase will beginsixty (60) days after GoLive.“The Contractor acknowledges that the Authority shall beresponsible for making all policy decisions regarding theoperation of the New York Customer Service Center. TheContractor agrees to provide advice andrecommendations with respect to policy issues asdirected by the Authority in good faith on understandingthat the Authority is fully responsible for policy decisions.The Contractor agrees to implement any and all changesin providing Services pursuant to this Agreement as aresult of changes directed by the Authority. subject toArticle 2.15 change order procedure and basis forpayment.”Rationale: any change should give rise to a change order.Page 3 of 187Addendum 8
NYCSC CCC RFPPSC-15-2982XRequest for Exceptions toNYCSC CCC RFP – Category A (Section 4A)Terms and 5.6462.036.6462.04July 20, 2020Proposer Exception & Requested RevisionAuthority ResponseResponsibility forOperational PolicyRevise as follows: “.The Contractor agrees to implementany and all changes in providing Services pursuant to thisAgreement as a result of changes directed by theAuthority in accordance with the general scope andsubject to equitable adjustment to the extent set forth inthis Agreement. The Contractor also agrees to act in anexpeditious and fiscally sound manner in accordance withArticle 2.14 Extra Work, in responding to Change Noticeswith cost and schedule information and in performing theExtra Work.”The Authorities will not make this change.GeneralRevise first paragraph as follows: “The Contractor shallprovide all resources, personnel, equipment and suppliesnecessary to perform the Services. The Contractor shallprovide the Services described herein in a competent andprofessional manner, in conformance with the highestindustry standards, to the satisfaction of the Authority asrequired by the Contract documents. The Authority shallbe entitled to full and prompt cooperation by theThe Authorities will not make this change;however, as a clarification, Proposer is notreferencing the current CCC Article 2.04language in its request. The secondsentence in the referenced paragraphactually reads as follows: “The Contractorshall provide the Services described hereinin a competent and professional manner,on understanding thatthe Authority is fullyresponsible for policydecisions. TheContractor agrees toimplement any and allchanges in providingServices pursuant tothis Agreement as aresult of changesdirected by theAuthority.Page 4 of 187Addendum 8
NYCSC CCC RFPPSC-15-2982XRequest for Exceptions toNYCSC CCC RFP – Category A (Section 4A)Terms and Conditions#7.8.9.July 20, 2020PDFPage#Chapterand/orArticleDescription2 of160Chapter 2,Article 2.04General3646Chapter 2,Article 2.04(a)“CHAPTER 2 TIME ANDMANNER OFa)The Contractoragrees that it will at alltimes employ, maintainand assign to theProposer Exception & Requested RevisionAuthority ResponseContractor in all aspects of the Services. The Authorityshall have the right to inspect the performance of suchServices at any time and the Contractor shall fully andpromptly cooperate with the Authority in the execution ofsuch inspections. At the reasonable request of theAuthority, the Contractor shall promptly remove fromassignment to the performance of Services pursuant tothis Agreement any employee, Subcontractor, or anyother person performing Services hereunder (hereinafter“Staff Personnel”). The Authority recognizes that suchremoval of an employee from the performance ofServices pursuant to this Agreement will not necessarilyresult in the termination or demotion of such employee.”with the standard of care exercised by highlyqualified professionals experienced incustomer service systems similar to theServices contemplated under thisAgreement, to the satisfaction of theAuthority.”9th line, add “written” before “request.”The Authorities will make this change.At the written request of the Authority, the Contractorshall promptly remove from assignment to theperformance of Services pursuant to this Agreement anyemployee, Subcontractor, or any other person performingServices hereunder (hereinafter “Staff Personnel”).Please refer to the addendum item in PartB.4th line, add “in writing” after “directed.”The Authorities will make this change.The Contractor agrees to replace any Staff Personnel if sodirected in writing by the Authority, should the Authoritymake a determination, in its sole discretion that anyindividual is not performing in a manner consistent withthe requirements for such a position.Please refer to the addendum item in PartB.Proposed change: modify as follows:The Authorities will not make this change;however, as a clarification, please refer toArticle 2.12 f) Authority of the ProjectManager- which requires that “The Projecta) The Contractor agrees that it will at all times employ,maintain and assign to the performance of the Services aPage 5 of 187Addendum 8
NYCSC CCC RFPPSC-15-2982XRequest for Exceptions toNYCSC CCC RFP – Category A (Section 4A)Terms and ARTICLE 2.04GENERAL10.6474A – Cat ACustomerContact CenterT&CDescriptionProposer Exception & Requested RevisionAuthority Responseperformance of theServices a sufficientnumber of competentand qualifiedprofessionals and otherpersonnel to performthe Services in a timelymanner. The Contractoragrees to replace anyStaff Personnel if sodirected by theAuthority, should theAuthority make adetermination, in itssole discretion that anyindividual is notperforming in a mannerconsistent with therequirements for such aposition.sufficient number of competent and qualifiedprofessionals and other personnel to perform the Servicesin a timely manner. The Contractor agrees to replace anyStaff Personnel if so directed by the Authority, should theAuthority make a determination, in the exercise of itssolereasonable discretion that any individual is notperforming in a manner consistent with the requirementsfor such a position.Manager shall exercise his/her authorityhereunder in good faith and actingreasonably.”HarmonyWe request you strike this entire Section 2.05.The Authorities will not make this change.The Contractor shallimmediately give noticeto the Authority (to befollowed by writtenNotices and reports) ofProposed change: modify as follows:The Authorities will not make thesechanges; however, Force Majeure isaddressed in Article 8.07.Rationale: such determination should be made onreasonable grounds.Article 2.0511.July 20, 2020647CHAPTER 2 TIME ANDMANNER OF“The Contractor shall immediately give notice to theAuthority (to be followed by written Notices and reports)of any and all impending or existing labor complaints,Page 6 of 187Addendum 8
NYCSC CCC RFPPSC-15-2982XRequest for Exceptions toNYCSC CCC RFP – Category A (Section 4A)Terms and ARTICLE 2.05HARMONYJuly 20, 2020DescriptionProposer Exception & Requested Revisionany and all impendingor existing laborcomplaints, troubles,disputes orcontroversies and theprogress thereof. TheContractor shall use itsbest efforts to resolveany such complaint,trouble, dispute orcontroversy. If any typeof strike, boycott,picketing, workstoppage, slowdown orother labor activity isdirected against theContractor or againstany operations of theContractor under thisAgreement, whether ornot caused by theemployees of theContractor, and if anyof the foregoing, in theopinion of theAuthority, results or islikely to result in anycurtailment ordiminution of theServices to beperformed hereunderor to interfere with ortroubles, disputes or controversies and the progressthereof. The Contractor shall use its best efforts to resolveany such complaint, trouble, dispute or controversy. If anytype of strike, boycott, picketing, work stoppage,slowdown or other labor activity of the Contractor’semployees is directed against the Contractor or againstany operations of the Contractor under this Agreement,whether or and which are not a Force Majeure event andwhich are not caused by the employees of theContractorAuthority or its other contractors, and if any ofthe foregoing, in the opinion of the Authority, results or islikely to result in any curtailment or diminution of theServices to be performed hereunder or to interfere withor affect the operations of the Authority, or in the eventof any other cessation or stoppage of operations by theContractor hereunder for any reason whatsoever, theAuthority shall have the right at any time during thecontinuance thereof to suspend the operations of theContractor under this Agreement, and during the periodof the suspension which shall not exceed [n] days theContractor shall not perform Services hereunder and theAuthority shall have the right during said period toperform itself or have any third person or personsselected by it perform said Services using the Equipmentwhich is used by the Contractor in its operationshereunder as the Authority deems necessary and withoutcost to the Authority. During such time of suspension, theContractor shall not be entitled to any compensation.Prior to the exercise of such right by the Authority, it shallgive the Contractor notice thereof, which notice may beoral.written notice thereof. For the avoidance of doubt, inno event shall the Contractor be held liable nor shall thePage 7 of 187Authority ResponseAddendum 8
NYCSC CCC RFPPSC-15-2982XRequest for Exceptions toNYCSC CCC RFP – Category A (Section 4A)Terms and Conditions#July 20, r Exception & Requested Revisionaffect the operations ofthe Authority, or in theevent of any othercessation or stoppageof operations by theContractor hereunderfor any reasonwhatsoever, theAuthority shall have theright at any time duringthe continuance thereofto suspend theoperations of theContractor under thisAgreement, and duringthe period of thesuspension theContractor shall notperform Serviceshereunder and theAuthority shall have theright during said periodto perform itself orhave any third personor persons selected byit perform said Servicesusing the Equipmentwhich is used by theContractor in itsoperations hereunderas the Authority deemsnecessary and withoutAuthority entitled to avail itself of the foregoingprovisions as a result of the existence of the project or theServices or their operations per se.Authority ResponseRationale: the Contractor should not incur liability undersuch §, should any of the listed triggering events is theoutcome of a force majeure event or is caused by theAuthority, its other contractors or the existence of theProject per se.Page 8 of 187Addendum 8
NYCSC CCC RFPPSC-15-2982XRequest for Exceptions toNYCSC CCC RFP – Category A (Section 4A)Terms and Conditions#12.13.14.July 20, tionProposer Exception & Requested RevisionAuthority ResponseAccording to this section, before the Authority canexercise its right to suspend the operations of theContractor under the Agreement and/or self-perform orhave any third person perform services under theAgreement, the Authority is required to give notice to theContractor, which “may be oral.” Contractor requeststhat such notice be provided in writing and that a 5business day opportunity to cure be provided prior tosuch suspension.The Authorities will modify
NYCSC Customer Contact Center Request for Proposals (RFP) PSC-15-2982X . Prospective Respondents: You are hereby notified of the following information in regard to the referenced RFP: Part A Official log- of Proposers’ exceptions to terms and conditions and the Authority’s responses.
