Preview
FILED: NEW YORK COUNTY CLERK 09/10/2022 05:47 PM INDEX NO. 157735/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/10/2022
Exhibit 5
FILED: NEW YORK COUNTY CLERK 09/10/2022 05:47 PM INDEX NO. 157735/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/10/2022
Ben Neidl
From: Tallbe, Keith < >
Sent: Wednesday, September 7, 2022 12:47 PM
To: Ben Neidl
Subject: RE: RFB 2644 – Digital Gadgets
We are in receipt of your bid protest dated August 26, 2022 and the supplemental protest dated September 1,
2022. Pursuant to New York City Health and Hospitals Corporation’s (“NYC Health + Hospitals”) Operating Procedure
100‐05 (“OP 100‐05”), NYC Health + Hospitals’ Procurement Review Board (the “PRB”) is the authorized entity to
address complaints relating to a procurement where a vendor has been denied a contract award. OP 100‐05 provides
that the PRB shall establish “such procedures as it determines are appropriate to the circumstance.”
The PRB requests that you provide any and all supporting documentation for your complaint within 10 days of this
email. While your email dated August 31, 2022 contained a link to certain exhibits, the link did not work and/or is
blocked by NYC Health + Hospitals’ IT security protocols. If you wish to include those exhibits, please provide by another
means. The PRB shall provide a written determination with respect to the bid protest’s merits within thirty days
following the ten day period to provide your documents. The PRB’s determination shall be final. The procurement shall
not be stayed while this complaint is heard.
Lastly, we ask that you inform your client now that it is represented by counsel and that a formal legal process is being
undertaken through the PRB that all communications regarding this matter be directed through your office and NYC
Health + Hospitals’ Office of Legal Affairs.
Keith Tallbe
Chief Procurement Counsel
Office of Legal Affairs
50 Water Street, 5th Floor
New York, NY 10004
From: Ben Neidl
Sent: Tuesday, September 6, 2022 4:17 PM
To: Tallbe, Keith < g>
Subject: Fwd: RFB 2644 – Digital Gadgets
Mr. Tallbe:
I am following up on this bid protest that I filed with HHC last week. Is it possible to have a call to discuss this? It is not
clear to me what the status is, and HHC’s next steps are. Thank you.
Get Outlook for iOS
1
FILED: NEW YORK COUNTY CLERK 09/10/2022 05:47 PM INDEX NO. 157735/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/10/2022
From: Ben Neidl
Sent: Wednesday, August 31, 2022 9:55 AM
To: 'keith.tallbe@nychhc.org''
Subject: FW: RFB 2644 – Digital Gadgets
Mr. Tallbe:
Please see the attachment and the email embedded below. I tried to email this to you yesterday but received a failure
notice, perhaps because the exhibits were too large. In this re‐send, our protest is attached, and our exhibits may be
downloaded at this link: https://joneshacker.sharefile.com/d‐sa54dbb3798f14a68bbde6aaf8910f814
Ben Neidl
Attorney
200 Harborside Drive
Suite 300
Schenectady, N.Y. 12305
bneidl@joneshacker.com
www.joneshacker.com
D: (518)270-1253
O: (518)274-5820
F: (518)274-5875
From: Ben Neidl
Sent: Tuesday, August 30, 2022 7:12 PM
To: 'keith.tallbe@nychhc.org' < >
Cc: Vicky Cohen <
Subject: FW: RFB 2644 – Digital Gadgets
Importance: High
Mr. Tallbe:
I have been advised that I should forward this bid protest (initially filed with the designated contact on August 26) to
you. We will likely be supplementing this with some additional material within the next couple of days.
Ben Neidl
Attorney
200 Harborside Drive
Suite 300
Schenectady, N.Y. 12305
bneidl@joneshacker.com
www.joneshacker.com
D: (518)270-1253
2
FILED: NEW YORK COUNTY CLERK 09/10/2022 05:47 PM INDEX NO. 157735/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/10/2022
O: (518)274-5820
F: (518)274-5875
From: Ben Neidl
Sent: Friday, August 26, 2022 6:15 PM
To: 'kondamun@nychhc.org' < >
Cc: Vicky Cohen < >
Subject: RE: RFB 2644 – Digital Gadgets
Importance: High
Dear Mr. Kondamudi:
Attached please find Digital Gadgets LLC’s bid protest in the above‐referenced matter.
Ben Neidl
Attorney
200 Harborside Drive
Suite 300
Schenectady, N.Y. 12305
bneidl@joneshacker.com
www.joneshacker.com
D: (518)270-1253
O: (518)274-5820
F: (518)274-5875
From: Kondamudi, Nishant < >
Sent: Wednesday, August 24, 2022 3:11 PM
To: Vicky Cohen < >; Lee, Randy < >
Subject: RE: RFB 2644 – Digital Gadgets
Please file a FOIL request:
https://a860‐openrecords.nyc.gov/
Nishant Kondamudi
Director of Solicitations
Strategic Sourcing
New York City Health + Hospitals
50 Water Street, 5th Floor
New York City, New York 10004
3
FILED: NEW YORK COUNTY CLERK 09/10/2022 05:47 PM INDEX NO. 157735/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/10/2022
From: Vicky Cohen
Sent: Wednesday, August 24, 2022 2:56 PM
To: Kondamudi, Nishant < Lee, Randy < >
Subject: RE: RFB 2644 – Digital Gadgets
Nishant
Thank you for your response, although it does not provide all of the information that we requested. Please note the
question in RED that went unanswered and unaddressed
I respectfully refer you to HHC’s Operating Procedure 100‐5 (available here:
https://hhinternet.blob.core.windows.net/uploads/2017/05/100‐05.pdf), Article VI, Section F. That section provides
that “[o]n the bid opening date, the bids shall be opened in public,” and requires HHC to prepare a “bid tabulation
sheet.” Moreover, Article VI, Section G provides that “the bid tabulation sheet shall be made available for public
inspection.”
Therefore, we respectfully reiterate our request for the bid tabulation sheet. In order for us to have time to do our
proper due diligence, we request that you send this AT ONCE, per the above Operating Procedure.
Please also confirm the responsiveness of our bid.
1. Clarify what you mean in your statement that NYCHH is “not able to move forward” with our bid. Does that
mean: (a) that you have disqualified our bid for some reason; or (b) that you accepted our bid without
disqualification, but awarded the contract to another, lower offeror on the merits.
2. If NYCHH has disqualified our bid for some reason, tell us each purported reason why.
3. Please provide us with a bid tabulation, identifying each offeror and the bid price submitted by each.
Digital Gadgets reserves all rights to an appeal or protest of the contract award.
Best Regards,
Vicky Cohen
From: Kondamudi, Nishant < >
Sent: Wednesday, August 24, 2022 9:56 AM
To: Vicky Cohen < >; Lee, Randy < >
Subject: RE: RFB 2644 – Digital Gadgets
We selected the lowest price bidder per the RFB scoring criteria.
Nishant Kondamudi
Director of Solicitations
Strategic Sourcing
New York City Health + Hospitals
4
FILED: NEW YORK COUNTY CLERK 09/10/2022 05:47 PM INDEX NO. 157735/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/10/2022
50 Water Street, 5th Floor
New York City, New York 10004
From: Vicky Cohen < >
Sent: Wednesday, August 24, 2022 8:24 AM
To: Kondamudi, Nishant < >; Lee, Randy
Sent: Tuesday, August 23, 2022 4:57 PM
To: Vicky Cohen < >; Lee, Randy >
Subject: RE: RFB 2644 – Digital Gadgets
Hello, thank you for your interest in this bid opportunity. Unfortunately, we were not able to move forward with your
bid response. We will keep you in mind for future opportunities.
Nishant Kondamudi
Director of Solicitations
Strategic Sourcing
New York City Health + Hospitals
50 Water Street, 5th Floor
New York City, New York 10004
5
FILED: NEW YORK COUNTY CLERK 09/10/2022 05:47 PM INDEX NO. 157735/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/10/2022
From: Vicky Cohen
Sent: Wednesday, August 17, 2022 4:31 PM
To: Kondamudi, Nishant < >; Lee, Randy >
Subject: RFB 2644 – Digital Gadgets
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe. Forward suspect email to spamadmin@nychhc.org as an attachment (Click the More button,
then forward as attachment).
Hi Nishant
Attached in this email you will find Digital Gadget’s proposal for RFB 2644. Please confirm receipt of this email and all
attachments.
We have marked appendixes 1 through 6 confidential. Please confirm notice of confidentiality.
Thank you for your consideration,
Best Regards,
Vicky Cohen
Executive Assistant
Visit www.nychealthandhospitals.org
CONFIDENTIALITY NOTICE: The information in this E-Mail may be confidential and may be legally
privileged. It is intended solely for the addressee(s). If you are not the intended recipient, any disclosure,
copying, distribution or any action taken or omitted to be taken in reliance on this e-mail, is prohibited
and may be unlawful. If you have received this E-Mail message in error, notify the sender by reply E-
Mail and delete the message.
6
Preview
FILED: NEW YORK COUNTY CLERK 09/10/2022 05:47 PM INDEX NO. 157735/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/10/2022 Exhibit 5 FILED: NEW YORK COUNTY CLERK 09/10/2022 05:47 PM INDEX NO. 157735/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/10/2022 Ben Neidl From: Tallbe, Keith < > Sent: Wednesday, September 7, 2022 12:47 PM To: Ben Neidl Subject: RE: RFB 2644 – Digital Gadgets We are in receipt of your bid protest dated August 26, 2022 and the supplemental protest dated September 1, 2022. Pursuant to New York City Health and Hospitals Corporation’s (“NYC Health + Hospitals”) Operating Procedure 100‐05 (“OP 100‐05”), NYC Health + Hospitals’ Procurement Review Board (the “PRB”) is the authorized entity to address complaints relating to a procurement where a vendor has been denied a contract award. OP 100‐05 provides that the PRB shall establish “such procedures as it determines are appropriate to the circumstance.” The PRB requests that you provide any and all supporting documentation for your complaint within 10 days of this email. While your email dated August 31, 2022 contained a link to certain exhibits, the link did not work and/or is blocked by NYC Health + Hospitals’ IT security protocols. If you wish to include those exhibits, please provide by another means. The PRB shall provide a written determination with respect to the bid protest’s merits within thirty days following the ten day period to provide your documents. The PRB’s determination shall be final. The procurement shall not be stayed while this complaint is heard. Lastly, we ask that you inform your client now that it is represented by counsel and that a formal legal process is being undertaken through the PRB that all communications regarding this matter be directed through your office and NYC Health + Hospitals’ Office of Legal Affairs. Keith Tallbe Chief Procurement Counsel Office of Legal Affairs 50 Water Street, 5th Floor New York, NY 10004 From: Ben Neidl Sent: Tuesday, September 6, 2022 4:17 PM To: Tallbe, Keith < g> Subject: Fwd: RFB 2644 – Digital Gadgets Mr. Tallbe: I am following up on this bid protest that I filed with HHC last week. Is it possible to have a call to discuss this? It is not clear to me what the status is, and HHC’s next steps are. Thank you. Get Outlook for iOS 1 FILED: NEW YORK COUNTY CLERK 09/10/2022 05:47 PM INDEX NO. 157735/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/10/2022 From: Ben Neidl Sent: Wednesday, August 31, 2022 9:55 AM To: 'keith.tallbe@nychhc.org'' Subject: FW: RFB 2644 – Digital Gadgets Mr. Tallbe: Please see the attachment and the email embedded below. I tried to email this to you yesterday but received a failure notice, perhaps because the exhibits were too large. In this re‐send, our protest is attached, and our exhibits may be downloaded at this link: https://joneshacker.sharefile.com/d‐sa54dbb3798f14a68bbde6aaf8910f814 Ben Neidl Attorney 200 Harborside Drive Suite 300 Schenectady, N.Y. 12305 bneidl@joneshacker.com www.joneshacker.com D: (518)270-1253 O: (518)274-5820 F: (518)274-5875 From: Ben Neidl Sent: Tuesday, August 30, 2022 7:12 PM To: 'keith.tallbe@nychhc.org' < > Cc: Vicky Cohen < Subject: FW: RFB 2644 – Digital Gadgets Importance: High Mr. Tallbe: I have been advised that I should forward this bid protest (initially filed with the designated contact on August 26) to you. We will likely be supplementing this with some additional material within the next couple of days. Ben Neidl Attorney 200 Harborside Drive Suite 300 Schenectady, N.Y. 12305 bneidl@joneshacker.com www.joneshacker.com D: (518)270-1253 2 FILED: NEW YORK COUNTY CLERK 09/10/2022 05:47 PM INDEX NO. 157735/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/10/2022 O: (518)274-5820 F: (518)274-5875 From: Ben Neidl Sent: Friday, August 26, 2022 6:15 PM To: 'kondamun@nychhc.org' < > Cc: Vicky Cohen < > Subject: RE: RFB 2644 – Digital Gadgets Importance: High Dear Mr. Kondamudi: Attached please find Digital Gadgets LLC’s bid protest in the above‐referenced matter. Ben Neidl Attorney 200 Harborside Drive Suite 300 Schenectady, N.Y. 12305 bneidl@joneshacker.com www.joneshacker.com D: (518)270-1253 O: (518)274-5820 F: (518)274-5875 From: Kondamudi, Nishant < > Sent: Wednesday, August 24, 2022 3:11 PM To: Vicky Cohen < >; Lee, Randy < > Subject: RE: RFB 2644 – Digital Gadgets Please file a FOIL request: https://a860‐openrecords.nyc.gov/ Nishant Kondamudi Director of Solicitations Strategic Sourcing New York City Health + Hospitals 50 Water Street, 5th Floor New York City, New York 10004 3 FILED: NEW YORK COUNTY CLERK 09/10/2022 05:47 PM INDEX NO. 157735/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/10/2022 From: Vicky Cohen Sent: Wednesday, August 24, 2022 2:56 PM To: Kondamudi, Nishant < Lee, Randy < > Subject: RE: RFB 2644 – Digital Gadgets Nishant Thank you for your response, although it does not provide all of the information that we requested. Please note the question in RED that went unanswered and unaddressed I respectfully refer you to HHC’s Operating Procedure 100‐5 (available here: https://hhinternet.blob.core.windows.net/uploads/2017/05/100‐05.pdf), Article VI, Section F. That section provides that “[o]n the bid opening date, the bids shall be opened in public,” and requires HHC to prepare a “bid tabulation sheet.” Moreover, Article VI, Section G provides that “the bid tabulation sheet shall be made available for public inspection.” Therefore, we respectfully reiterate our request for the bid tabulation sheet. In order for us to have time to do our proper due diligence, we request that you send this AT ONCE, per the above Operating Procedure. Please also confirm the responsiveness of our bid. 1. Clarify what you mean in your statement that NYCHH is “not able to move forward” with our bid. Does that mean: (a) that you have disqualified our bid for some reason; or (b) that you accepted our bid without disqualification, but awarded the contract to another, lower offeror on the merits. 2. If NYCHH has disqualified our bid for some reason, tell us each purported reason why. 3. Please provide us with a bid tabulation, identifying each offeror and the bid price submitted by each. Digital Gadgets reserves all rights to an appeal or protest of the contract award. Best Regards, Vicky Cohen From: Kondamudi, Nishant < > Sent: Wednesday, August 24, 2022 9:56 AM To: Vicky Cohen < >; Lee, Randy < > Subject: RE: RFB 2644 – Digital Gadgets We selected the lowest price bidder per the RFB scoring criteria. Nishant Kondamudi Director of Solicitations Strategic Sourcing New York City Health + Hospitals 4 FILED: NEW YORK COUNTY CLERK 09/10/2022 05:47 PM INDEX NO. 157735/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/10/2022 50 Water Street, 5th Floor New York City, New York 10004 From: Vicky Cohen < > Sent: Wednesday, August 24, 2022 8:24 AM To: Kondamudi, Nishant < >; Lee, Randy Sent: Tuesday, August 23, 2022 4:57 PM To: Vicky Cohen < >; Lee, Randy > Subject: RE: RFB 2644 – Digital Gadgets Hello, thank you for your interest in this bid opportunity. Unfortunately, we were not able to move forward with your bid response. We will keep you in mind for future opportunities. Nishant Kondamudi Director of Solicitations Strategic Sourcing New York City Health + Hospitals 50 Water Street, 5th Floor New York City, New York 10004 5 FILED: NEW YORK COUNTY CLERK 09/10/2022 05:47 PM INDEX NO. 157735/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/10/2022 From: Vicky Cohen Sent: Wednesday, August 17, 2022 4:31 PM To: Kondamudi, Nishant < >; Lee, Randy > Subject: RFB 2644 – Digital Gadgets CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Forward suspect email to spamadmin@nychhc.org as an attachment (Click the More button, then forward as attachment). Hi Nishant Attached in this email you will find Digital Gadget’s proposal for RFB 2644. Please confirm receipt of this email and all attachments. We have marked appendixes 1 through 6 confidential. Please confirm notice of confidentiality. Thank you for your consideration, Best Regards, Vicky Cohen Executive Assistant Visit www.nychealthandhospitals.org CONFIDENTIALITY NOTICE: The information in this E-Mail may be confidential and may be legally privileged. It is intended solely for the addressee(s). If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on this e-mail, is prohibited and may be unlawful. If you have received this E-Mail message in error, notify the sender by reply E- Mail and delete the message. 6