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Date Issued: June 29, 2018
Pre-Proposal Conference: July 10, 2018 @ 10:00 A.M. 611 Walker, 16th Floor Houston, TX 77002 Conference Room 16A Conference Call No. #(515) 604-9610 Access Code #174062
Pre-Proposal Questions Deadline:
July 13, 2018 @ 2:00 P. M.
Solicitation Due Date:
July 26, 2018 @ 4:00 P.M., CST
Solicitation Contact Person:
Valerie Player-Kaufman [email protected] 832-393-8749
Project Summary: This is for a three (3) year contract with two (2) one-year options to renew
annually, for a maximum five-year contract term for Managed Telecommunications Maintenance Services.
Project Description: This RFP is for managed telecommunications maintenance services for the planning, design and implementation of a phased Cisco systems upgrade and deployment for the George Bush Intercontinental, William P. Hobby and Ellington Airports, and related properties for the Houston Airport System.
MWBE Goal: 18%
CITY OF HOUSTON REQUEST FOR PROPOSALS (RFP)
MANAGED TELECOMMUNICATIONS MAINTENANCE SERVICES
SOLICITATION NO.: S36-T26574
TABLE OF CONTENTS
PART I – GENERAL INFORMATION... ........................................................................................................................... 2
A. General Information... .................................................................................................................................. 2
B. City of Houston Background ........................................................................................................................ 2
C. Solicitation Schedule ................................................................................................................................... 2
PART II – SCOPE OF WORK / TECHNICAL SPECIFICATIONS .. ................................................................................ 3
A. Purpose ....................................................................................................................................................... 3
B. Background ................................................................................................................................................. 3
C. Scope of Work ............................................................................................................................................. 3
D. Meetings .................................................................................................................................................... 22
E. Exhibits ...................................................................................................................................................... 23
PART III – EVALUATION AND SELECTION PROCESS .............................................................................................. 23
A. Evaluation Committee ... ........................................................................................................................... 23
B. Interviews/Oral Presentations/ Demonstrations ........................................................................................ 23
C. Selection Process...................................................................................................................................... 23
D. Best and Final Offer (“BAFO”) ................................................................................................................... 23
E. Evaluation Criteria ... ................................................................................................................................. 24
F. Additional Related Services ....................................................................................................................... 26
G. Invoicing ... ................................................................................................................................................. 26
PART IV – SUBMISSION OF PROPOSAL .................................................................................................................... 27
A. Instructions for Submission ... ................................................................................................................... 27
B. Submission Requirements ........................................................................................................................ 28
PART V – EXCEPTIONS TO TERMS AND CONDITIONS ........................................................................................... 29
PART VI – SPECIAL CONDITIONS ............................................................................................................................... 29
A. No Contact Period ... ................................................................................................................................. 29
B. Minority and Woman Business Enterprises (M/WBE)... ............................................................................ 30
C. Protests ..................................................................................................................................................... 30
D. Cancellation ............................................................................................................................................... 30
E. Anti-Boycott of Israel... .............................................................................................................................. 30
F. Executive Order 1-56 Zero Tolerance for Human Trafficking in City Service Contracts and
Purchasing………………………………………………………………………………………………………….30
PART VII – INSTRUCTIONS TO PROPOSERS ............................................................................................................ 31
A. Pre-Proposal Conference... ....................................................................................................................... 31
B. Additional Information and Specification Changes .................................................................................... 31
C. Letter(s) of Clarification ............................................................................................................................. 31
D. Examination of Documents and Requirements ......................................................................................... 31
E. Post-Proposal Discussions with Proposer(s) ............................................................................................ 31
PART VIII – REQUIRED FORMS TO BE SUBMITTED WITH PROPOSAL ................................................................. 32
PART IX – REQUIRED FORMS TO BE SUBMITTED BY RECOMMENDED VENDOR ONLY ................................... 32
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PART I – GENERAL INFORMATION
A. General Information The City of Houston (“City”) is currently seeking proposals from qualified managed telecommunications maintenance services firm(s) related to providing remote monitoring, incident and escalation management, parts replacement and systems maintenance, preventive and remedial maintenance, quarterly audits and backups of telecommunications systems for the Houston Airport System.
B. City of Houston Background
The Houston Airport System (HAS) operates the City of Houston's three major airports: George Bush Intercontinental Airport/Houston (IAH), William P. Hobby Airport (HOU), and Ellington Airport (EFD). Management of the Airport system includes coordination with FAA, air carriers, and other Federal and State agencies to maintain the highest standards of service and safety to Airport patrons. Communications serves a vital role in the efficient operation of the Houston Airport System. First-class communications capability is essential for safety and uninterrupted Airport operations.
C. Solicitation Schedule
Listed below are the important dates for this Request for Proposal (RFP).
EVENT ___________ DATE _
Date of RFP Issued June 29, 2018 Pre-Proposal Conference July 10, 2018 Questions from Proposers Due to City July 13, 2018 Proposals Due from Proposers July 26, 2018 Notification of Intent to Award (Estimated) September 6, 2018 Council Agenda Date (Estimated) October 15, 2018 Contract Start Date (Estimated) November 13, 2018
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PART II – SCOPE OF WORK
A. PURPOSE
The City seeks proposals from qualified firms to provide managed telecommunications maintenance services for remote monitoring, incident and escalation management, parts replacement and systems maintenance, preventive and remedial maintenance, quarterly audits and backups for the telecommunications for the Houston Airport System. The Houston Airport System plans to replace the on-premise Cisco BE6000 servers with two (2) BE7000 servers; replace Avaya Centralized Call Pilot with Cisco Unity Connection, which will support approximately one thousand two hundred fifty (1250) HAS end users; and replace Avaya Aura Contact Center with Cisco UCCX, which supports approximately seventy-five (75) call center agents.
B. BACKGROUND
The Houston Airport System, Information Technology Services Division manages the telecommunications system that makes and receive over six (6) million calls per year anywhere from basic information to requests for emergencies. Telecommunication maintenance services covers onsite personnel, installation, moves, adds and deletes, call centers and call routing for the phones for administration (desk phones), emergency management (fire and police facilities), and concession and aviation operations (includes crash phones).
The Houston Airport System plans to migrate the current Avaya analog, digital and IP platform to Cisco, which will be a phased approach deploying Cisco IP telephones, unified communications such as Jabber, Instant Messaging (IM) and Presence, etc. to end users. The future crash phone system, as replacement has not been determined for the four (4) Aircraft Rescue Fire Fighting (ARFF) stations. The Houston Airport System’s Avaya solution consists of three (3) Avaya CS 1000 systems, multiple fibers and carrier remotes, one (1) Call Pilot Centralized Voice Mail system, one (1) Avaya Aura Contact Center HA system, and a mix of IP and TDM handsets, which consists of Avaya, Cisco, and various third-party devices such as Ceeco, Talk-a-Phone, Polycom, Cortelco, etc. Additionally, installed are two (2) Cisco BE 6000, which are currently being used as a pilot with Cisco telephones, and Cisco Unified Communications: Jabber, IM and Presence, Video, and Unity Voicemail. The Cisco platform is currently utilizing a dial plan from the existing Avaya system.
C. SCOPE OF WORK
The successful Proposer will be responsible for the planning, design and implementation of p hased Cisco systems’ upgrade and deployment. The HAS current system consists of a networked dial plan between the three CS1000 systems, which supports the existing Cisco solution.
1.1. Avaya Platinum Partner and Cisco Gold Partner Services
1.1.1. It is preferred that Proposer presently holds the Avaya Platinum and Cisco Gold certifications.
1.2. Basic Services for Telecommunications
1.2.1. The Proposer’s proposed support solution must include the following components, includes but is not limited to:
1.2.2. System Maintenance Services/Support.
1.2.2.1. Perform Avaya/Cisco System Maintenance.
1.2.2.2. Preventive Maintenance.
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1.2.2.3. Remedial Maintenance.
1.2.2.4. Moves, Adds, and Changes – Avaya/Cisco.
1.2.2.5. Cisco Unified Communications, i.e., Jabber, IM & Presence, Video.
1.2.2.6. Voice Mail Administration & Maintenance.
1.2.2.7. Contact Center Administration & Maintenance.
1.2.2.8. Avaya/Cisco Network Fault Management & Performance Monitoring,
1.2.2.9. Purchase of Avaya CS1000 Basic Pass to include support and administration of support contract.
1.2.2.10. Purchase Cisco Smart Net to include support and administration of support contract.
1.2.2.11. Carrier Management and cross connect connectivity.
1.2.2.12. All other connectivity responsibilities (i.e., 911, NICE, ISI, QSC, Music on Hold, etc.).
1.2.2.13. Avaya/Cisco Auditing Reports.
1.2.2.14. Quarterly System Inventory.
1.2.2.15. Quarterly Off-Site system backups.
1.2.2.16. Quarterly Notification of manufacturer discontinued equipment and EOL.
1.2.2.17. Bi-Annual Traffic Analysis.
1.2.2.18. Battery Maintenance and Replacement.
1.3. Avaya and Cisco System Auditing Tool
1.3.1. The Proposer shall include the System Audit procedures as part of their Proposal submittal.
1.3.2. The Contractor shall be required to perform quarterly system audit on all Avaya PBX/Cisco systems by using intelligent data gathering techniques that result in full bay-face layouts, hardware and software inventory, and “End-of-Life” analysis. These results shall be submitted to the HAS Director and/or his designee subsequent to the audit.
1.3.3. Features of the system audit shall include, but are not limited to:
1.3.3.1. Detailed Equipment Maps.
1.3.3.2. Port counts organized by cabinet and gateway.
1.3.3.3. Complete inventory of software packages and installed hardware with card types and vintage information.
1.3.3.4. “Action Items” highlighting service improvement opportunities and capacity issues.
1.3.3.5. Identify End-of-Life (“EOL”) and other unsupported telecom equipment.
1.3.3.6. Off-site system Backup services for communication system configuration.
1.3.3.7. Bi-Annual Traffic Analysis which includes trunking analysis, performance and usage reports.
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1.4. Preventative Maintenance (PM) Services
1.4.1. The Contractor shall be required to perform preventative maintenance (PM) on the telecommunication systems daily in accordance with standards and procedures recommended by the original equipment manufacturer ("OEM") as required for keeping the system in a first-class condition.
1.4.2. The PM services shall include, but not be limited to, the following:
1.4.2.1 The Contractor’s PM shall include all procedures designed to reduce product failure and extend useful product life. The successful Proposer shall be required to submit PM procedures, itemized by task, schedule, and report format for approval by the Director and/or his designee prior to the start date.
1.4.2.2 The Contractor's PM shall include all supplies, parts (including replacement sub component parts, labor, and incidentals required to prevent the occurrence of an internal or external System failure. PM shall include, but not be limited to, replacing worn, damaged, or destroyed parts; inspecting, testing, cleaning and adjusting system components as necessary to maintain a fully operational system.
1.4.2.3 Weekly backups of telecommunications systems and supporting servers, (i.e., voicemail, contact center, and signaling servers).
1.4.2.4 Review historical archives for any bugs and/or error codes, apply patches and clean filters as needed.
1.4.2.5 The Contractor’s PM shall also include any software/database management required to keep memory or disk storage at optimum levels.
1.4.2.6 The Contractor shall be responsible for testing Avaya CS1000, Avaya Fiber and Carrier remote batteries for the back-up power system in accordance with standards, procedures and frequencies recommended by Avaya. Any batteries not meeting the required specifications shall be replaced by and at the expense of the Contractor. The successful Proposer shall submit a PM schedule for battery testing to include quarterly battery inspections and annual battery testing.
1.4.2.7 The Contractor shall be required to submit completed PM reports to activity.
1.4.2.8 All components shall be routinely examined at least once each week and replaced immediately if found defective.
1.4.2.9 All service-affecting preventative maintenance shall be conducted and scheduled with HAS personnel designated by the Director and/or his designee in advance. The successful Proposer shall be required to notify HAS personnel designated by the Director and/or his designee in writing of planned Preventive Maintenance schedules which will require approval from HAS Change Advisory Board (CAB) in advance.
1.5. Remedial Maintenance (RM) Services
1.5.1. Remedial Maintenance (RM) applies regardless if there is or is not an actual outage and if the outage involved is caused by an internal failure. HAS requires continuous telecommunications capability for ongoing operations.
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1.5.2. Accordingly, whenever HAS places a trouble call to the Contractor, or when the Contractor receives an alarm directly from the system(s) or Contractor’s Technical Assistance Center, the Contractor shall respond in an appropriate manner, dispatching the Contractor’s maintenance personnel to arrive at the premises with their tools and spare parts within the appropriate time period specified in Response Times. Please see item “4.1.30 Response Times” of this section.
1.5.3. If an outage is caused by internal failure, the Contractor shall perform RM to correct internal failures and return the Avaya/Cisco Systems to full operating condition. (If temporary replacement of a component is made, permanent repairs or replacement shall be completed as soon as possible thereafter). Once the Contractor begins major on-site corrective maintenance, it shall continue uninterrupted as long as reasonable progress, as determined by the Director and/or his designee, is being made until the system is operational.
1.5.4. If an outage is not caused by an internal failure, or if there is no outage at all, RM shall be completed when the Director and/or his designee accepts completed work to repair the defect. This work may be a system diagnosis and report. The Director and/or his designee will promptly confirm HAS acceptance in writing.
1.6. Alarm Monitoring
1.6.1. The Contractor shall be required to perform Alarm Monitoring twenty-four (24) hours, seven (7) days per week, 365 days per year for the supported devices using management tools to help raise awareness of specific events that have the potential to cause a significant adverse impact to business operations.
1.6.2. The system shall be capable of tracking all events related to service requirements and provide progressive management escalation based on the agreed service levels until resolved. The contractor shall utilize this system to perform root cause analysis to:
1.6.3. Identify the cause of all sub-standard performance events.
1.6.4. Take corrective action.
1.6.5. Provide HAS electronic text message or email with each alarm and a monthly report detailing the cause.
1.6.6. Specify steps taken to preclude such events in the future.
1.7. Carrier Management
1.7.1. The Contractor’s on-site technicians will work with carrier service providers or other service providers on behalf of HAS to resolve service issues to include, but are not limited to the following:
1.7.2. Maintain a list of carrier providers and other service providers and their contact information.
1.7.3. Immediately engage the carrier service provider or other service provider upon determination of the cause of the incident.
1.7.4. Provide updates from the carrier service provider or other service provider including tracking information and estimated time of response.
1.7.5. Escalate to carrier service providers or other service provider when required to meet the SLA.
1.7.6. Activate appropriate emergency response plan as directed by the Director and/or his designee.
1.7.7. Report troubles twenty-four (24) hours per day, seven (7) per week, 365 days per year for all carrier outages only.
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1.8. Move, Add, Change (MAC)
1.8.1. The Contractor shall be responsible for, but not necessarily limited to the following MAC items:
1.8.1.1. Individual and Group telephone moves.
1.8.1.2. Installing new telephones and associated cross connects and programming to make operational.
1.8.1.3. Removing existing telephones.
1.8.1.4. Modify existing Avaya/Cisco database by certified personnel trained in system Administration, including, but not limited to:
1.8.1.5. Set-based feature changes including analog, digital and IP phones.
1.8.1.6. Cisco Unified Communications Configuration.
1.8.1.7. Automatic Call Distribution (ACD).
1.8.1.8. Avaya Contact Center Manager Administration and scripting.
1.8.1.9. Cisco UCCX Administration and scripting.
1.8.1.10. Group Call configuration for HAS crash and breach phone.
1.8.1.11. Interpreting and changing systems configuration definitions for system hardware and software parameters.
1.8.1.12. System speed call feature for abbreviated dialing.
1.8.1.13. Configure or change customer data block capabilities.
1.8.1.14. Tenant service.
1.8.1.15. Paging access.
1.8.1.16. Trunk administration, including analog, DTV/PRI transmission, SIP, foreign exchange trunks, fiber intergroup switching and ISDN calling line ID enhancements.
1.8.1.17. Maintain multi-site numbering plan or modify/design new numbering plan.
1.8.1.18. Trunk Access Restriction (TARG).
1.8.1.19. Trunk Group Access Restriction (TGAR).
1.8.1.20. Authorization codes.
1.8.1.21. Network Alternate Routing Selection (BARS/NARS).
1.8.1.22. Coordinated dialing plan.
1.8.1.23. Call details.
1.8.1.24. Music broadcast.
1.8.1.25. Recorded Announcement (RAN).
1.8.1.26. Call Pilot voice mail user administration.
1.8.1.27. Voice mail remote notification assignments and schedule.
1.8.1.28. Voice mail network and access administration.
1.8.1.29. Cisco unity connection administration.
1.8.1.30. Signaling server/NRS database.
1.8.1.31. 911 Emergency Services Administration (ESA).
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1.8.1.32. Carrier moves, adds, and changes
1.9. System Connectivity
The Contractor shall be responsible for maintaining the existing System connectivity as well as for maintaining connectivity to ancillary transmission equipment, non-switching equipment, and data equipment, although such connectivity may not be directly related to the Telecommunications System
1.10. Response Times
The Contractor shall respond to HAS Business hour work orders, system outages as well as Emergency or Urgent Service Requests within the following SLA Response Times. The determination of the request classification shall be in the sole judgment of the Director and/or designee.
Service Classification (not to exceed)
Time to Respond Remotely
Time to Respond to
Site
On Site
On Site
Time to
Restore
Major Failure after Normal Business Hours 30 minutes 2 hours 4 hours
Minor Failure after Normal Business Hours 2 hours 4 hours 8 hours
Non-Critical after Normal Business Hours
4 hours
6 hours
6 hours
24 hours
HAS Business Hour Work Order SLA’s or as prioritized by Director and/or designee
Emergency - ASAP
High - Break Fix - 1 Business Day
Normal - MAC's - 5 Business Days
1.11. Software Upgrades/Updates
Software upgrades and patches to the Avaya/Cisco Telecommunications System shall be implemented at the direction of HAS. The Contractor will be required to ensure all Avaya/Cisco Telecommunications Systems are up to date with the manufacturer’s latest release of any software upgrade/update, security patches as well as the operating systems. The Contractor shall propose change management request to include schedule of work to be performed for HAS Change Advisory Board for review and approval before proceeding.
1.12. Equipment, Parts, Materials, and Instruments
1.12.1. The Contractor shall furnish a Manufacturer's price list (where applicable) for all Avaya/Cisco hardware/software components, in additions to IP and TDM telephone sets, gateways, all universal analog and ancillary equipment in the Contractor's inventory generally used in conjunction with Avaya CS1000 and /or Cisco platforms. All price changes are subject to Director and/or designee approval.
1.12.2. The Contractor shall provide a list of all hardware, software and professional services expected to be purchased under the Agreement. Example: Cisco SmartNet, Cisco/Avaya Phones, Professional services, etc.
1.12.3. The Contractor must develop a spare parts inventory sufficient to maintain the highest
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levels of performance and maintain uninterrupted services at the airports, the On-Site Spares List Maintenance. The Contractor shall be responsible for determining additional requirements for each location to ensure SLA’s are met for Preventive Maintenance and Remedial Maintenance.
1.12.4. All equipment, parts, and/or components replaced or newly installed in the Avaya/Cisco telecommunications system by the Contractor shall be factory new and free of defects in title, materials and workmanship at the time of their delivery and installation. Each component of the telecommunications system shall conform to the specifications published by the manufacturer of the component. HAS reserves the right to request or permit the substitution of rebuilt or reconditioned parts, but such substitutions will not be used without the prior express written consent of the Director and/or designee and/or designee.
1.12.5. In addition to any other warranty provisions, at any time during the Term of the Agreement or any extensions thereto, if a specific part or component requires in excess of three (3) maintenance calls within one (1) month, the Contractor shall replace the defective part or component at Contractor's expense.
1.13. Equipment, Parts, Materials, and Instruments Pricing
1.13.1. All equipment, parts, supplies, and instruments required to complete all Preventive and Remedial Maintenance for Basic Services for any newly installed Contractor supplied item, are to be provided at no additional cost to HAS/City.
1.13.2. Preventive and Remedial Maintenance are included in the Basic Services Maintenance per-port agreement. No additional amounts will be paid to the Contractor for any parts, supplies, or equipment used for Preventive or Remedial Maintenance of the telecommunications system.
1.13.3. Throughout the term of the contract the Proposer shall base pricing upon the manufacturer’s current price list at the time of the proposed purchase. Contractor must supply current manufacturer price list(s) if applicable – or links to the manufacturer’s published lists.
1.13.4. Prices for equipment, parts, and supplies, which may be required for authorized Other/Work Services Requests, for which prices are not otherwise established herein, shall be based on either Contractor’s percentage of manufacturer’s discount or mark-up proposed by Contractor shall be based on Contractor's percentage of discount or mark-up percentage as stipulated in “Attachment VII, Fee Schedule
1.14. Other Work/Services
1.14.1. Within the general scope of the Agreement, Other Work/Services may be required for systems, equipment, and video conferencing to meet desired conditions and/or services not covered in the Basic Services of the Agreement. Other Work/Services shall be performed in accordance with all provisions of the Agreement plus any special provisions issued with authorization for work that are consistent with this Agreement. Other Work/Services shall be provided by Contractor on an "as needed" basis and then, only after receipt of a written Other Work/Services Request ("OSR"), signed by the Director and/or designee.
1.14.2. Other/Work Services include, but are not limited to, the following:
1.14.2.1. Optional Upgrades/Modifications.
1.14.2.2. Additional telephones and/or software phones as needed for replacements and expansion.
1.14.2.3. New software upgrades not included in the Agreement.
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1.14.2.4. License / hardware to support new telephones and features.
1.14.2.5. Peripheral upgrades / modifications.
1.14.2.6. Video conferencing equipment such as codec, software, license, cameras, services and labor, etc.
1.14.2.7. Cabling materials and services for voice, data, and video devices.
1.14.2.8. Repair or replace components damaged by vandalism, force majeure, or other third parties as determined by the Director and/or designee.
1.14.2.9. In response to any such written notice, the Contractor shall provide the Director and/or designee with a written proposal within five (5) business days of receipt of the notice. Such proposal shall include, but not be limited to, a description of the services to be performed, applicable labor rates, estimated labor hours, performance schedule, total estimated cost which should include Contractor’s manufacturer discounts or % markup and any other requirements set forth in the Director and/or designee 's and/or designee written notice to the Contractor.
1.15. Emergency Service Requests
1.15.1. For Emergency Service Requests issued after Normal Business Hours (8:00 a.m. to 5:00 p.m.), Contractor may perform Other Work/Services upon the verbal approval of the Director and/or designee. However, as soon as it is reasonably practical thereafter, HAS shall issue within one business day a written OSR relating to the verbal Emergency Service Request.
1.16. Other Service Request (OSR) Forms
1.16.1. With the exception of Emergency Service Requests issued after Normal Business Hours, or Urgent Service Requests, where a request may be verbal and followed immediately in writing, all requests for Other Work/Services will be in writing in a form provided by the Director and/or designee and signed by the Director and/or designee or designated representative.
1.17. Other Work/Service Labor Compensation Limits
1.17.1. The Proposer may be compensated for labor under the Other Work/Services’ rate schedule for moves, adds, and changes, only when the on-site technician's workload is such that the work cannot be completed during Normal Business Hours and an additional technician(s) is required or when the work is performed after Normal Business Hours. Additional compensation for labor must be approved in writing in advance of work being performed with the only exception being emergency services as described above.
1.18. Compensation for Other Work/Services
1.18.1. Compensation for Other Work/Services may include the following:
1.18.1.1. Labor - Additional labor needed for MAC activities that occur during or after Normal Business Hours. The Contractor’s mark-up on cost of parts and sub-contracted labor shall be a proposed % mark-up exclusive of tax, freight and travel. Contractor will be compensated for labor if approved in writing in advance in accordance with established Other/Work Services procedures.
1.18.1.2. Parts, Supplies, Equipment - When MAC orders requested by HAS require parts, supplies, or equipment; Contractor will be compensated for parts, supplies, or equipment only if the additional compensation is approved in
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writing in advance of parts being installed in accordance with established Other/Work Services procedures.
1.18.1.3. All quotes submitted must include vendor quote which is the place of purchase
1.19. Increase or Decrease of Work – Inclusion/Exclusion
During the Contract Term, the existing telecommunications equipment or systems may be upgraded and/or new equipment or systems may be added to meet the changing needs at HAS. At HAS's option, such upgrades or additions may be supplied and installed by the telecommunications services Contractor or others. The Contractor shall be responsible for maintenance of any upgrades and/or new equipment or systems following completion of installation, acceptance, and the warranty period. Such system upgrades, new equipment or components installed as an integral part of existing systems without increasing overall system requirements more than 5% are to be maintained by Contractor without additional compensation. Cost adjustments for inclusion or exclusion of equipment that increases or decreases overall system requirements by more than 5% shall be at the rates stipulated in the Fee Schedule (Exhibit III), or if not stated therein, ordinary and reasonable rates as mutually agreed upon between the Director and/or designee and/or designee and Contractor. A per Port monthly fee will apply during the term of this Agreement for increase or decrease in the number of in-use ports by more than 5%.
From time to time during a City of Houston construction project, Contractor may be required to move or add new equipment, etc. on Houston Airport System property. The Contractor may be required to enter into an agreement with a construction Contractor. The Contractor will be reimbursed for this work performed via an allowance in the construction contract as-long-as the City of Houston has appropriated and authorized the funds. At the time of system acceptance, the Houston Airport System will process an inclusion notice to incorporate new equipment into this agreement. Maintenance costs will commence upon expiration of the warranty period and in accordance with this agreement.
1.20. Inclusion Notice
1.20.1. Inclusion Notices for additional HAS equipment, labor, and/or services will describe the additional unit(s) by manufacturer, model, serial number, HAS property tag numbers where applicable, and a brief description of the unit or services provided. Contractor shall be responsible for all parts and labor to maintain or replace the unit once the unit is added to the Agreement.
1.21. Exclusion Notice
1.21.1. Any equipment or service that is subject to the Agreement may be excluded from the Agreement by means of an Exclusion Notice. Price adjustment as a result of exclusion shall be mutually agreed upon by both parties. The Exclusion Notice will describe the unit by manufacturer and serial number and include a brief description of the unit or service to be excluded.
1.22. Equipment
1.22.1. The Contractor shall furnish and maintain adequate quantities and types of on-site test equipment as required for diagnostics and repairs of the Avaya, Nortel and Cisco equipment all HAS facilities.
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1.23. Phase-In Services
1.23.1. The Contractor (at no extra charge to the City) shall have up to a thirty (30) day phase-in period to accomplish a smooth and successful transition of operations and services. Contractor's phase-in period shall begin upon receipt of a start phase-in notice from the Director and/or designee (such notice not to be construed as an official Notice to Proceed, but being anticipatory of phase-in only) and shall last approximately thirty (30) days preceding the receipt of Notice to Proceed.
1.23.2. The incumbent Contractor will be responsible for performing the duties and services listed in its contract during Contractor’s phase-in period, and will be available for a maximum of thirty (30) days to answer questions and resolve issues or any misunderstandings. The incumbent Contractor will be responsible for all minor and major repairs and equipment during the phase-in period.
1.23.3. During the phase-in period, the Contractor shall arrange to have necessary supervisory, technical, and other personnel on site to observe the operation and maintenance of the equipment.
1.23.4. The Contractor may use this phase-in period to recruit and transfer personnel, train personnel, arrange for security badging, establish management procedures, set up records, ensure adequate parts, tools and equipment are in place for systems operation and maintenance, and otherwise prepare for the assumption of technical control without disruption of operations.
1.23.5. During the phase-in period, it shall be the responsibility of the Contractor to develop and implement a full project schedule detailing the responsibilities of assigned personnel and submit it to HAS for approval. The new Contractor will have no responsibilities for operating or maintaining the systems or equipment during the Phase-in period.
1.23.6. Contractor shall assume full responsibility or the maintenance of the systems and equipment.
1.24. Phase-Out
1.24.1. The Contractor recognizes that the services provided by the contract are vital to the City's overall efforts to provide first-class communication systems which are essential for safety and uninterrupted airport services and that continuity must be maintained at a consistently high level without interruption; that upon expiration of the contract, a successor may continue these services; that its successor Contractor will need phase-in training; and that the Contractor must cooperate in order to effect an orderly and efficient transition.
1.24.2. The Contractor will be required to provide phase-out services for up to thirty (30) days prior to contract expiration to its successor Contractor, at no extra charge to the City.
1.24.3. Orientation will include system operations and maintenance procedures, record keeping, reports, and procurement procedures, etc.
1.24.4. The Contractor shall be totally responsible for providing the services called for by the Contract during its phase-out period.
1.24.5. The Contractor agrees to cooperate with its successor Contractor in allowing as many personnel as practical to remain on the job in order to enhance the continuity and consistency of the services in the contract.
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1.24.6. The Contractor agrees to disclose necessary personnel records and allow its successor to conduct on-site interviews with its employees, provided the Contractor obtains the consent of the employees to disclose their records, to conduct interviews, and provided disclosure and interviews are conducted in accord with all applicable laws, statutes, rules, regulations, and ordinances, which have been passed, enacted or promulgated by any governmental body having jurisdiction over such matters.
1.25. Equipment Condition at Expiration
1.25.1. The Contractor shall turn over all equipment and systems in First Class Condition. Any item not operating in accordance with its required function shall be repaired or replaced. Preventive maintenance work shall have been performed as required per the PM schedule.
1.25.2. The Contractor shall comply with the following upon contract completion/termination:
1.25.3. Within six (6) Months of expiration of the Agreement Term, Contractor shall inspect and test all equipment and repair or replace any equipment or components in accordance with findings in the inspection and test.
1.25.4. Within sixty (60) days of expiration of the Agreement Term, Contractor shall perform a complete inspection of all controls and instrumentation. Any item outside First Class Condition shall be corrected.
1.25.5. Within thirty (30) days of expiration of the Agreement Term, Contractor shall adjust all systems equipment and complete spare parts inventory and report. Contractor shall provide HAS a complete final report on the condition of all systems and equipment, including inspection and test reports, and certified statements signed by an agent of Contractor testifying to the first-class condition of all equipment and systems.
1.25.6. HAS shall have the right of inspection during or after any of this work, and shall notify Contractor, within seven (7) calendar days of receipt of Contractor's certified statement, of any noted discrepancies. The Contractor shall then proceed to correct any discrepancies within or after the end of the agreement term as required to complete the work. Contractor shall complete all work within thirty (30) days and notify the Director and/or designee in writing upon completion of all work. Contractor shall assist HAS with any inspections required by the Director and/or designee at no additional cost to HAS.
1.25.7. Should Contractor fail to perform or complete any required work prior to expiration of the Contract, HAS will have such work performed at Contractor's expense.
1.25.8. Contractor assures that all equipment is in first class condition (highest quality) at the expiration or termination of the Agreement.
1.26. Security and Badging
1.26.1. Contractor shall refer to www.fly2houston.com/business-badging-office for all HAS badging related questions, badging application forms, office hours, etc.
1.26.2. All onsite personnel are required are required to have an HAS badge and maintain active status for badge.
1.26.3. Contractor shall comply with all applicable Federal rules governing security at the Airport, as may be amended from time to time.
1.26.4. All on-site personnel of Contractor, including subcontractors, are required to undergo a fingerprint-based criminal history records check.
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1.26.5. Contractor will be required to provide Customs Border Protection Security Access at IAH and HOU airports which will require Contractor to purchase a Customs Security Bond for employees requiring access to CBP Security areas.
1.26.6. Costs for the fingerprint-based criminal history records check are reflected in the cost of the badges. Contractor must pay for the cost of badges, including replacements thereof. Contractor personnel losing badges will be charged for lost badge in addition to replacement badges at the then current rate.
1.26.7. Contractor acknowledges that fines or penalties associated with non-compliance with security regulations must be reimbursed to HAS.
1.27. Transportation and Parking
1.27.1. The Contractor shall provide vehicles for onsite personnel for their employee’s use and shall park its vehicles in areas designated by the Director and/or designee at its own cost, if any. HAS will provide a limited number of Contractor parking spaces at no charge. All transportation activities and related costs of Contractor, or its sub-contractors, necessary to perform under this Agreement shall be provided by Contractor. All of Contractor's and its subcontractor’s vehicles shall be clearly identified with company decals and or magnetic signs as required by the Director and/or designee.
1.28. Travel Time/Trip Charge
1.28.1. The Contractor shall be compensated for Other Work Services when required and authorized at the labor rates and/or markup for any subcontracted labor stipulated in the Fee Schedule for actual time required to perform the services after arrival to the job site. The Contractor shall not be entitled to compensation for any local travel time to and from the job site. The Contractor will be entitled to compensation upon prior written approval of the Director for ordinary and reasonable costs to travel to and from the Houston Airport System by Contractor’s employees or subcontractors, not to exceed the amount established under the City’s current travel reimbursement policy for its employees, including 1) automobile mileage reimbursement, 2) common carrier coach or economy fares, 3) ground transportation expenses, 3) overnight trips, and 4) cost of lodging and meals, if such travel is reasonably necessary to accomplish a task directly related to the project, and reservations are made as far in advance as feasible and exclusive of tax or markup. It shall be Contractor’s responsibility to inform itself of the City’s travel reimbursement policies.
1.29. Records and Reports
1.29.1. The Contractor shall submit all reports and records as may be required by the Director and/or designee
1.30. Buy-Back Program
1.30.1. Throughout the term of this Agreement, the Contractor shall provide a Buy Back Program that allows HAS to exchange obsolete or end-of-life equipment for discounts or credits on future purchases.
1.30.2. Proceeds from the sale of equipment will be passed through 100% to HAS in the form of a credit against future services or new equipment purchases under this Agreement.
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D. MINIMUM PERSONNEL QUALIFICATIONS AND TASK DESCRIPTION
1.0 Personnel
1.1. The Contractor’s on-site personnel will be expected to retrieve and update the status of work assignments via HAS-provided computers, applications and HAS work order platform (for work order/trouble tickets), Microsoft Outlook (email system).
1.2. The Contractor’s on-site technicians will be required to monitor/update/repair/poll the call d etail recording interfaces from the Avaya/Cisco to the call accounting application.
1.3. The Contractor agrees to meet or exceed HAS's standards, now or hereinafter in effect as same may be amended at any time, which are referenced in Houston Airports Specifications located on HAS website at www.fly2houston.com/Business and Partnerships
1.4. In the event that any conflict arises between the provisions of the Scope of Work and Houston Airports Specifications, the provisions of the technology specifications shall govern. Contractor shall adhere to revised standards within thirty (30) days of posted revisions.
1.5. It is highly preferred that the Contractor’s designated on-site technicians be fully qualified to maintain the current and planned telephony platforms. In addition, they shall hold manufacturer certificates issued by Avaya/Nortel/Cisco and any other manufacturer whose equipment, software, materials or parts as a part of the telecommunication system.
2.0 Minimum Personnel Requirements
2.1. The Contractor shall make recommendations or propose technical staff to support technician duties. Proposed on-site personnel shall have no other employment obligations to Contractor or other third parties, and must be approved in writing by the Director and/or designee. The proposed on-site personnel shall be on-site at the assigned Airport locations during normal business hours and shall not be removed or replaced by Contractor without the prior written consent of the Director and/or designee.
2.2. During the migration from Avaya to Cisco, the Contractor will be responsible for re-evaluating the amount of technical staff required to support the Cisco platform.
2.3. The Contractor’s technicians (one (1) at IAH and one (1) at HOU) are required to remain on-site in the event of emergency including, but not limited to, hurricanes, tornadoes, floods, natural disasters, etc. These technicians are required to have an active HAS badge and be familiar with day-to-day operations. Labor rates shall be in accordance with Other Work/Services Fee Schedule for the term year.
2.4. The Director and/or designee shall have the right to approve or disapprove any successor on-site personnel replacement.
2.5. Although the dedicated on-site personnel will be assigned primary Airport locations, HAS reserves the right to utilize any/all on-site personnel at any/all HAS locations.
2.6. The Contractor shall furnish adequate certification papers and documentation of on-site personnel qualifications.
2.7. The Contractor may change personnel only with equally qualified personnel and then only after obtaining written approval from the Director and/or designee.
2.8. The Contractor shall replace any personnel assigned to provide services under the Agreement whose work product or conduct is not satisfactory to the Director and/or designee.
2.9. All on-site personnel will be required to have the company’s uniform. The Contractor's personnel will present a clean and neat appearance at all times.
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2.10. The Contractor’s on-site personnel will be expected to work in accordance with the HAS holiday schedule rather than Contractor’s holiday schedule, at no additional cost.
2.11. Substitute personnel must be approved in advance and assigned to accommodate normal on-site personnel absences due to training, vacation, Contractor’s holiday, etc.
2.12. The Contractor shall make arrangements for primary on-site technicians to be on-call twenty-four (24) hours per day, seven (7) days per week, three hundred sixty-five (365) days per year, including all HAS holidays, to respond to urgent/emergency telecommunications outages and other work/services (OSR). When primary on-site technicians are not available, the Contractor must provide an equally qualified certified technician, must hold an active HAS badge, and must inform HAS in advance.
2.13. The Contractor’s on-call technician will be responsible for acceptance of all after hour trouble calls from the HAS Technology Service Desk representative. On-call technician will determine the appropriate response and/or escalate to HAS Director and/or designee.
2.14. The Contractor shall make arrangements for a sub-set of “standby”, equally qualified substitute technicians who may be called upon to fulfill the duties of assigned on-site technicians during vacations, training, or absences due to illness. Substitute technicians must hold valid HAS badges for the respective airports, and must be included in the airport familiarization process. The Contractor may not substitute technicians who are unfamiliar with the airport facilities, tenants, and personnel.
2.15. The Contractor shall pay all of its administrative/overhead cost including, but not limited to, payroll, vacation, sick, training, etc. processing orders, tracking invoices, sales quotations, etc. These costs shall not be billed to the HAS.
2.16. Maintain a clean, drug-free and safe working environment.
2.17. Maintain open communication and an effective work relationship with the HAS Director and Teams.
2.18. Provide all required tools and test gear to maintain the contracted communications systems.
2.19. Adhere to all facility, site security, and site parking requirements.
2.20. The Contractor shall provide HAS with an organization chart complete with names and resumes for each position on the chart.
2.21. The Contractor shall propose personnel to provide the following services, including but not limited to, the functions described below:
3.0 On Site Operations Manager
3.1. The Contractor shall make recommendations or propose technical staff to support technician duties. The On-Site Operations Manager(s) must fulfill the following responsibilities:
3.2. Primary responsibility for the management and compliance of all aspects of the Scope of Work.
3.3. Provide and be accessible for HAS management staff.
3.4. Provide point of escalation for maintenance service issues.
3.5. Identify potential technology solutions for HAS to meet ongoing and future communication infrastructure needs.
3.6. Be available during HAS’s documented business hours and available after-hours for emergency issues.
3.7. Ensure that all HAS processes and procedures are completed and all quality standards are met.
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3.8. Review and schedule work order requests received from HAS.
3.9. Coordinate and execute work order and project requests.
3.10. Manage work load for HAS SLA compliance.
3.11. Schedule certified technicians based on service requirements and technical skill-set.
3.12. Provide on-call emergency technical support twenty-four (24) hours per day, seven (7) days per week, 365 days per year, including HAS holidays.
3.13. Schedule technicians for latest software and equipment upgrades.
3.14. Monitor and resolve work order and project requests.
3.15. Provide required reports and audits with findings and recommendations; to be shared with the HAS Director.
3.16. Perform daily system tests and checks on Avaya/Cisco Telecommunications equipment.
3.17. Update and maintain system documentation as required.
3.18. Comply with all Houston Airports Specifications: www.fly2houston.com/Business and Partnership
3.19. On-site personnel also have responsibility to be aware of the notification for change or addition to the HAS Technology Specifications and to be in compliance with those changes or additions.
3.20. Process orders, quotes & engineering documentation.
3.21. Track invoices.
3.22. Perform other tasks requested by the Director and/or his designee.
4.0 System Support Specialist
4.1. The System Support Specialist(s) must fulfill the following responsibilities:
4.2. Project coordination (large moves, system upgrades and interfaces, etc.).
4.3. MAC’s: Ability to perform PBX software programming Basic ACD programming, voicemail mailboxes and menu applications, and call center software programming.
4.4. MAC’s: Update call accounting directory databases.
4.5. MAC’s: Update voicemail database.
4.6. Coordination of multi-contractors’ services (i.e., long distance trouble shooting, tenant trunking issues, and service requests).
4.7. Must be proficient in reviewing and processing HAS work orders for repairs, moves, add, and changes before assigning technicians for designated airport.
4.8. Must be proficient in using HAS work order system for completion of service requests with the contractual service level agreement.
4.9. Must be proficient in Microsoft Outlook, Word and Excel.
4.10. Complete and coordinate HAS services for tenants, prepare tenant quotes, and prepare monthly billing for tenants via HAS billing system.
4.11. Assign long distance authorization codes.
4.12. Schedule and maintain HAS reservation log for multiple conference bridge lines.
4.13. Provide end user training on various telephones, voicemail, and contact center application.
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4.14. Perform other tasks requested by the Director and/or his designee.
5.0 Voice Technician
5.1. HAS voice technician shall perform the following duties to include, but are not limited to the following:
6.0 Cisco Voice Technician, CCNP
6.1. The Cisco Voice Technician responsibilities will include, but are not limited to:
6.2. Installation, modification, configuration and testing of analog, digital and IP communications equipment.
6.3. Install and maintain all Voice over IP (VoIP) infrastructure components including SIP Gateways, MPLS routing parameters, telephones, voice conferencing services, and Cisco Jabber Unified Communications for PC, laptop, mobile devices, and voicemail users.
6.4. Configure and troubleshoot Cisco Voice Gateways (i.e.VG224) and maintain interfaces to non-Cisco communications platforms.
6.5. Maintain enterprise voicemail system including interfaces to non-Cisco telephony platforms.
6.6. Cisco UCCX administration and maintenance including scripting.
6.7. Provide research, analysis, configuration, testing, and installation of Cisco’s enterprise telephone systems.
6.8. Install, repair, perform moves, adds, and changes on all products/systems and applications (e.g., Cisco telephone sets, voicemail, UCCX, courtesy phones, call boxes, NICE inform system, Amcom 911, ISI call accounting interfaces, as well as all other peripherals, and ancillary equipment or interfaces.
6.9. Analyze telecommunications statistics and data, prepare reports and recommendations for change/improvements in procedures and facilities.
6.10. Perform Tier 3 support for Cisco enterprise telecommunication systems when issues cannot be resolved by Tier 2 support staff.
6.11. Demonstrate a strong knowledge of voice communications technology and VoIP protocols including TDM, SIP/H.323, RTP, SCCP, etc.
6.12. Trunk Administration and Routing including ability to configure and trouble shoot T1/E1/PRI and circuits, ISDN, CSU/DSU and SIP Trunking.
6.13. Provide input and recommendations for future strategy and roadmap for the Cisco voice infrastructure.
6.14. Participate in the implementation of disaster recovery solutions, and the execution of periodic disaster recovery testing.
6.15. Keep telecommunications system current with new internal and national (area code) dialing plan changes as they occur.
6.16. Work closely with HAS desktop staff on installation of desktop applications.
6.17. Must have knowledge of wiring standards for various circuit extensions, paging systems, radios systems, copper, fiber, coaxial cable and other HAS specific technology applications.
6.18. Perform software upgrades/updates, and patch updates as required or requested.
6.19. Must be proficient in using HAS work order system for completion of service requests with the contractual service level agreement.
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6.20. Perform preventative maintenance on all equipment as well as weekly backups.
6.21. Submit weekly PM reports.
6.22. Must be proficient in Microsoft Outlook, Word and Excel.
7.0 Avaya Voice Technician
7.1. Avaya Voice Technician shall perform the following duties:
7.2. Installation, modification, configuration and testing of analog, digital and IP communications equipment.
7.3. Install, repair, perform moves, adds, and changes on all products/systems and applications. (e.g., Avaya CS 1000, Call Pilot voicemail, Contact Center Manager, Element Manager, Signaling Server, PRI, D-Channels, NICE Inform System, Spok 911 System, and ISI Call Accounting interfaces, as well as all other peripherals and ancillary equipment.
7.4. Install, repair and move telephone set, circuits, courtesy phones, call boxes and AED’s.
7.5. Trunk Administration and routing including ability to configure and trouble shoot T1/E1/PRI, circuits, ISDN, CSU/DSU and SIP Trunking
7.6. Program Multi-Tenant software.
7.7. Program ACD
7.8. Keep telecommunications system current with new internal and national (area code) dialing plan changes as they occur.
7.9. Maintain multi-site numbering plan.
7.10. Perform preventative maintenance on PBX; submit weekly PM Reports.
7.11. Perform routine battery inspections for PBX, fiber remotes, etc.
7.12. Perform software patch updates for PBX, voicemail, contact center software, and signaling server.
7.13. Upgrades software/hardware for PBX, Call Pilot voicemail, Contact Center Manager, and signaling server.
7.14. Complete work orders for adds, moves, changes, and repairs.
7.15. Update completed work orders with details, to include 911 system and cable records if applicable.
7.16. Must be proficient in using HAS work order system for completion of service request in with the contractual service level agreement.
7.17. Must have knowledge of wiring standards for various circuit extensions, paging systems, radios systems, copper, fiber, coaxial cable, and other HAS specific technology applications.
7.18. Work closely with HAS desktop staff on installation of desktop applications that are related to the telephone systems.
7.19. Perform other tasks requested by Director and/or his designee
8.0 Voice Technician Assistant
8.1. Voice Technician Assistant shall perform the following duties:
8.2. Install, repair, perform move, add and make changes to telephone sets, telco circuits, courtesy phones, call boxes, etc.
8.3. Conduct routine inspection of courtesy phones, ticket counter, and gate phones.
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8.4. Troubleshoot / Test voice and data.
8.5. Basic software programming adds or changes.
8.6. Must be proficient in using HAS Work Order system for completion of service request in accordance with the contractual service level agreement.
8.7. Update completed work orders with details to include 911 information and/or cable information.
8.8. Must have knowledge of wiring standards for various circuit extensions, paging systems, radio systems, copper, fiber, coaxial cable, and other HAS specific technology applications.
8.9. Work closely with HAS Desktop staff on installation of desktop applications that are related to telephone systems.
8.10. Must be proficient in Microsoft Outlook, Word and Excel.
8.11. Perform other tasks requested by Director and /or his designee.
9.0 AV Systems Technician (On an as needed basis)
9.1. Ability to set up, and configure AV video systems which include Crestron, AMX, BiAmp and other various equipment for multiple HAS Conference and meeting rooms at IAH, Hobby and Ellington. Knowledge and experience in effective problem-solving techniques. Ability to diagnose, identify and resolve AV equipment problems and to troubleshoot with network and technical teams.
10.0 AV Systems Programmer (On an as needed basis)
10.1. Responsible for programming, testing, and support various audio/visual systems, which include Crestron, AMX, BiAmp and other various equipment for multiple HAS conference and meeting rooms at IAH, Hobby and Ellington Airports; troubleshoot audio, video, control system panel, and switching problems; install control programs and touch panel design; and Interface programming changes to meet requirements and system capabilities.
11.0 Coverage Hours
11.1. The Contractor shall provide on-site personnel during normal business hours (8:00 a.m. to 5:00 p.m.), five (5) days per week (excluding HAS holidays) to perform services and maintenance support requirement as specified in the RFP, and in strict compliance with the terms and conditions of the Agreement throughout its term with the exception of any urgent or emergency requests made by the Director and/or designee.
11.2. HAS Holidays are as follows:
11.2.1 New Year’s Day
11.2.2 Martin Luther King Day
11.2.3 Memorial Day
11.2.4 Independence Day
11.2.5 Labor Day
11.2.6 Veteran’s Day
11.2.7 Thanksgiving Day and day after Thanksgiving
11.2.8 Christmas Eve
11.2.9 Christmas Day
12.0 Specialized Qualifications
12.1 It is “Preferred” that the Contractor be an Avaya Platinum Partner and Cisco Gold Partner.
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12.2 The Contractor’s technicians shall have a minimum of five (5) years of experience, and certified in the maintaining, diagnosing, and repairing the telephone systems, which shall include, but are not limited to the following:
12.2.1 Current voice mail hardware and software releases.
12.2.2 Data networking as it pertains to implementing and supporting VoIP products.
12.2.3 Any future telecommunications and/or voice mail hardware/software application acquired during the term of the Agreement.
12.3 Any existing or future ancillary equipment such as digital announcers, crash alarm systems, maintenance administration tools, music-on-hold interfaces, PA system interfaces, etc.
13.0 Training
13.1. The Contractor’s technicians shall receive training prior to implementing any upgrades to the Avaya/Cisco telephone systems, voicemail, or ancillary systems. The cost of such training shall be included in the ongoing maintenance costs of HAS equipment. Additional training, as required by the Director, shall be provided by the Contractor at no additional cost to the City.
13.2. The Contractor shall provide designated HAS personnel with training manuals for any/all new equipment/software, and shall train such personnel on system operation and features.
13.3. The Contractor shall train designated HAS personnel, as necessary, and as required by the Director or designee, to function as customer coordinators or trainers to accommodate future projects.
14.0 SubContractors
14.1. The Contractor may use only subcontractor approved in writing and in advance by the Director and/or designee in connection with the performance of the work under Agreement. Resumes of subcontractor’s technicians assigned under the Agreement shall be submitted to the Director and/or designee prior to beginning work and from time to time under the Agreement. The Contractor shall be fully liable to HAS for any damages caused by the intentional or negligent acts or omissions of its sub-contractor and shall be responsible for making all payments to sub-contractors for materials and/or services
15.0 Performance/Technical Requirements
15.1. Sub-Standard Performance Action:
15.1.1 Ensure safe and uninterrupted Airport operations at all times. It is essential the communication systems be maintained in a manner that will ensure there are no major failures of the communication systems, especially during normal business hours. Major failures during normal business hours is an indication of sub-standard performance and will cause damage to the City; however, such damages cannot be accurately measured or will be difficult to ascertain. Consequently, the Contractor shall provide out-of-service credits at the rate of ten (10) percent of the current monthly Basic Services Fee (labor and material) for the first hour when the major failure criteria occurs during normal business hours and five (5) percent per hour thereafter. The out of service credits for major failures after normal business hours shall be one-half (½) of the rates for major failures during normal business hours. The assessment of out of service credits by the City for major failures shall never be construed as an exclusive remedy available to the City as to any other event of default by the Contractor under the agreement, and the City shall always have the right to avail itself of other remedies that may be available to it in the law or equity as to any other event of default.
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15.1.2 If the Contractor fails to provide the services in accordance with the required service levels, HAS shall not pay Contractor for sub-standard service.
15.1.3 Where Contractor has failed to provide service levels in accordance with the Agreement, Contractor shall not charge HAS for service that does not meet contract specifications.
15.1.4 The Contractor shall maintain a twenty-four (24) hour per day, seven (7) days per week, three hundred sixty-five (365) days per year technical assistance center utilizing a computerized dispatch system for monitoring and managing system alarms. The system shall be capable of tracking all events related to service requirements, and provide progressive management escalation based on the agreed service levels until resolved. The Contractor shall utilize this system to perform root cause analysis to: (1) identify the cause of all sub-standard performance events; (2) take corrective action; (3) provide HAS electronic text message or email with each alarm and a monthly report detailing the cause; and (4) specify steps taken to preclude such events in the future.
15.1.5 Respond to Emergency Service Requests. The Contractor's failure to meet the response times in Sections 1.10 and 1.14.29 is an indication of sub-standard performance and will cause damage to HAS; however, such damages cannot be accurately measured or will be difficult to ascertain. Consequently, the Contractor shall pay liquidated damages at the rate of $75.00 per hour, or any portion of an hour, during which Contractor exceeds the response times set forth in Sections 1.10 and 1.14.29. The assessment of liquidated damages by the HAS for failure to meet the response times in Sections 1.10 and 1.14.29 shall never be construed as an exclusive remedy available to HAS as to any other event of default by Contractor under the Agreement.
15.1.6 Repeated failures of the same component are an indication of sub-standard performance, which may result in major and minor failures causing damage to the City; however, such damages cannot be accurately measured or will be difficult to ascertain. Consequently, the Contractor shall pay liquidated damages of $3,000.00, after three (3) minor failure occurrences within a ninety (90) day period due to failure of the same component.
15.1.7 The assessment of liquidated damages by HAS for repeated failures of the same component shall never be construed as an exclusive remedy available to the City as to any other event of default by the Contractor under the Agreement, and the City shall always have the right to avail itself of other remedies.
E. MEETINGS
Proposer must participate in meetings, general discussion, and consultations with HAS relative to this project throughout the period of engagement at no additional cost to HAS.
F. EXHIBITS
The following document is provided as an aid in responding to this solicitation:
See “Exhibit A” Sample Contract See “Exhibit B” Current Equipment List/Locations See “Exhibit C” Current Avaya CS1000 Port Counts See “Exhibit D” Current Houston Airport Telecom System Topology See “Exhibit E” Houston Airport System Acronyms See “Exhibit F” Fee Schedules: Pricing Summary; Pricing Detail - Basic Services; Pricing Detail - Other Work/Services See “Exhibit G” Sample Spare Parts Lists
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PART III – EVALUATION AND SELECTION PROCESS
A. Evaluation Committee
An evaluation committee shall evaluate Proposers’ submissions in accordance with the evaluation criteria listed in Item E below. Upon completion of the evaluation, the committee may develop a short list of Proposer(s) meeting the technical competence requirements. The shortlisted Proposer(s) may be scheduled for a structured oral presentation, demonstration, interview and negotiations. Following these City-to-Proposer(s)’ meetings, the evaluation committee will summarize their findings and recalculate their scores, if needed. However, the evaluation committee reserves the right to issue letter(s) of clarification when deemed necessary to any or all Proposer(s). The oral presentations, demonstrations and/or interviews may be recorded and/or videotaped.
B. Interviews/Oral Presentations/Demonstrations
The City reserves the right to request that Proposer(s) provide a final presentation handout of its Proposal at their scheduled meeting. No Proposer may attend presentations of any other Proposer. If necessary, Proposers may be scheduled for more than one presentation, demonstration, or interview.
C. Selection Process
The City intends to select a Proposal that best meets the needs of the City and that provides the best overall value. The City reserves the right to check references on any projects performed by the Proposer, whether provided by the Proposer or known by the City. Upon review of all information provided by Proposers, the evaluation committee will make a recommendation for selection to City officials. Upon approval of the selected Proposer, a contract shall be executed by the appropriate City officials.
D. Best and Final Offer (“BAFO”)
The City reserves the right to request a BAFO from finalist Proposer(s), if necessary. At minimum, the BAFO shall include 1) a final Fee Schedule with associated costs; and 2) address any outstanding items previously identified during the evaluation of Proposals.
If the City chooses to invoke a BAFO option, Proposals shall then be re-evaluated by the evaluation committee. The BAFO shall include instructions, requirements, and a specified submission due date.
E. Evaluation Criteria
1. Responsiveness of Proposal (Pass/Fail)
The Proposal shall be responsive to all material requirements that will enable the evaluation committee to evaluate it in accordance with the evaluation criteria and make a recommendation to City officials.
2. Technical Competence/Requirements (100 Points)
The Proposal shall be evaluated based on the extent to which the proposed services meet the needs of the City including but not limited to the desired planning, design and implementation of the phased Cisco systems upgrade and deployment as expressed in this RFP.
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2.1 Qualifications and specialized experience of the firm to successfully provide managed
telecommunication services as evidence by experience with a project of similar scope of magnitude (15 Points) 2.1.1. Provide references
2.1.1.1 The Proposer shall provide client references that include the client names, addresses, telephone numbers, and email addresses. HAS will contact the referenced clients to verify Proposer provided information and/or to solicit comments.
2.1.1.2 References must be people that were directly involved in the previous projects listed and who have first-hand knowledge of the performance of the Proposer and its proposed staff/team.
2.1.1.3 Any information stated in the response found and determined by HAS to be a misrepresentation of a Proposer’s past experiences may be considered as grounds for disqualification of the response.
2.1.2. Provide no more than five (5) example projects. (6 Points) 2.1.3. Proposer must also identify the extent to which it, and its personnel meet the
certification standards outlined in “Sections 1.1, 1.2, and 12.1.” (7 points) 2.1.4. It is “Preferred” that the Contractor be an Avaya Platinum Partner and Cisco Gold
Partner. (2 Points) 2.2 Quality and specialized experience of Key Personnel to successfully implement the project
as evidenced by experience in a similar role with a previous project (30 Points)
2.2.1 Proposer must clearly describe the qualifications and competence of all personnel proposed for this engagement.
2.2.2 Proposer must describe proposed personnel’s individual qualification(s) for the position specified. (15 points)
2.2.3 Proposer must describe proposed personnel’s individual experience related to the position specified. (15 points)
2.3 Qualifications and requirements related to the Scope of Work (SOW) (45 Points)
2.3.1 Demonstrated experience on projects similar in size and scope to this RFP.
2.3.2 Support Services Plan (25 Points)
2.3.2.1 Proposer must clearly demonstrate its understanding and ability to proactively service, develop, deploy, and manage HAS telecommunications systems as described in Section 1.2 “Basic Services Maintenance.” (15 points)
2.3.2.2 The plan must show how service delivery will be optimized to ensure adherence to HAS operational standards and protocols. (10 points)
2.3.2.2.1 Proposer must provide documentation to support professional examples of success in utilizing the proposed management approach.
2.3.2.2.2 Proposer must demonstrate having the local resources needed to verify and provide competent and qualified individuals required for attending and supporting all services identified in the SOW.
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2.3.3 Preventative Maintenance Plan (20 Points)
2.3.3.1 Proposer must provide a clear, detailed methodology and engagement model.
2.3.3.2 Proposer must include a proposed work schedule to meet the standards, procedures, and frequencies recommended by the original equipment manufacturer (“OEM”) as required to keep HAS systems in a first-class condition. (15 points)
2.3.3.3 Proposer must include procedures to reduce product/systems failure and extend useful life. (5 points)
2.4 Quality of proposed M/WBE Participation aligned with the project scope (Pass/Fail)
2.4.1 Ability to meet the required 24% level of subcontracting participation or a demonstrative Good Faith Efforts presented by Proposer.
2.5 Financial Stability of the Proposer (Pass/Fail)
If Proposer is an entity that is required to prepare audited financial statements, Proposer shall submit an annual report that includes:
2.5.1 Last two years of audited accrual-basis financial statements, including an income statement, cash flow statement, and balance sheet; 2.5.2 If applicable, last two years of consolidated statements for any holding
companies or affiliates; 2.5.3 An audited or un-audited accrual-basis financial statement of the most recent
quarter of operation; and 2.5.4 A full disclosure of any events, liabilities, or contingent liabilities that could affect
Proposer’s financial ability to perform this contract.
2.6 If Proposer is a privately-owned entity or sole proprietorship for which audited financial statements are not required, Proposer shall submit an annual report that includes:
2.6.1 Last two years of un-audited accrual-basis financial statements, including an income statement, cash flow statement, and balance sheet; 2.6.2 An audited or un-audited accrual-basis financial statement of the most recent
quarter of operation; and 2.6.3 A full disclosure of any events, liabilities, or contingent liabilities that could affect
Proposer’s financial ability to perform this contract;
OR
2.7 Other financial information sufficient for the City, in its sole judgement, to determine if Proposer is financially solvent or adequately capitalized.
3. Price Proposal (10 Points)
3.1 Pricing must include all costs for services, products, personnel, and expenses necessary
in the provision of services described in Part II, Scope of Work.
3.2 All pricing must be provided in “Exhibit F, Fee Schedules.”
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THE PRICE PROPOSAL MUST BE SUBMITTED IN A SEPARATE SEALED ENVELOPE that is clearly marked with the RFP title and solicitation number and the label “Price Proposal”. To be eligible for the preference, a company must be designated as a City Business (CB) or Local Business (LB) under the Hire Houston First Program prior to submittal of proposal. Proposers must provide Declaration of Hire Houston First Designation form with proposal submission. At the conclusion of scoring Proposals, Hire Houston First preference points shall be distributed in such a way that grants the highest number of points to a City Business (CB) and the next highest number of points to a Local Business (LB).
Note: At the conclusion of scoring Proposals, preference points shall be distributed in the following manner:
• 5 Points: For Proposer firm designated as a Hire Houston First “City Business” (CB);
• 3 Points: For Proposer firm designated as a Hire Houston First “Local Business” (LB);
• 0 Points: For proposer firm not designated as either a “City Business” (CB) or a “Local
Business” (LB).
F. ADDITIONAL RELATED SERVICES
In submitting its Proposal, Proposer(s) shall indicate a willingness to negotiate future potential additional services deemed appropriate for the managed telecommunications maintenance services, as provided herein, or deemed necessary and/or desirable by the City.
G. INVOICING
1. The City is a single entity for accounting, billing, and discounting. Any invoices accompanied by detailed supplements and other backup documents are to be submitted for payments to:
Houston Airport System
Attention: Accounts Payable
P. O. Box 60106
Houston, Texas 77206
2. The City requires timely and accurate accounting and billing information.
PART IV – SUBMISSION OF PROPOSAL
A. Instructions for Submission
1. Number of Copies. Submit one (1) printed original of the Technical Proposal signed in BLUE ink,
and six (6) electronic copies of the Technical Proposal on six (6) separate thumb drives sealed in a separate single envelope bearing the assigned solicitation number (located on the first page of this RFP document) to: City Secretary’s Office City Hall Annex, Public Level 900 Bagby Street Houston, Texas 77002
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Submit six (6) printed copies of the Fee Schedule in a separate single sealed envelope bearing the assigned solicitation number (located on the first page of this RFP document) and clearly identifying to content as the Fee Schedule to the location provided above.
The City shall bear no responsibility for submitting responses on behalf of any Proposer. Proposer(s) may submit their Proposal to the City Secretary’s Office any time prior to the stated deadline.
2. Time for Submission. Proposals shall be submitted no later than the date and time indicated for submission in this RFP. Late submittals will not be considered and will be returned unopened.
3. Format. Proposals must be left-bound with information on both sides of the page when
appropriate. Material should be organized following the order of the submission requirements separated by labeled tabs, and shall be securely bound. Submission materials will not be returned to Proposers.
4. Complete Submission. Proposers are advised to carefully review all the requirements and submit
all documents and information as indicated in this RFP. Incomplete proposals may lead to a proposal being deemed non-responsive. Non-responsive proposals will not be considered.
5. Packaging and Labeling; Submission of Fee Schedule. The outside wrapping/envelope of the
printed Technical Proposal shall clearly indicate the RFP title, date, time for submission, and the name of the Proposer. The required number of thumb drives containing the Technical Proposal shall be submitted in a separate sealed envelope and marked in the same manner as the printed Technical Proposal. The outside wrapping/ envelope of the Fee Schedule shall clearly identify the content as “Fee Schedule” and shall clearly indicate the RFP title, date, time for submission, and name of the Proposer. All other submission requirements shall be included with the Proposer’s Technical Proposal.
6. Delivery of Proposals. The Proposal, including the Technical Proposal, all required forms, and
the Fee Schedule must be delivered by hand or mailed to the address shown on the cover sheet of this RFP. If using an express delivery service, the package must be addressed and delivered specifically to the City Secretary’s Office. Packages delivered by express mail services to other locations may not be re-delivered to its final destination by the deadline hour.
7. Proposers Responsible for Timely Submission. Proposer remains responsible for ensuring that its
Proposal is received at the time, date, place, and office specified. The City assumes no responsibility for any Proposal not received, regardless of whether the delay is caused by the U.S. Postal Service, a courier delivery service, or some other act or circumstance.
B. Submission Requirements
1. Cover Letter. The cover letter shall be signed by an authorized representative of the Proposer.
The letter should indicate the Proposer’s commitment to provide the services proposed.
2. Executive Summary: The executive summary should include a brief overview of the proposed services, and the key personnel who will be responsible for seeing the project through completion.
3. Offer and Submittal Form: See Forms Exhibit I
4. General Company Information: Provide the name of Proposer’s company (including the name of any parent company), business address, e-mail address, Federal Tax ID number, telephone number, and fax number.
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4.1 Key Personnel: Identify the key personnel that will be committed to the project. The City reserves the right to reject any key personnel proposed if it is determined in the City’s best interest. All key personnel must be committed to the project at the appropriate time level. Proposer understands that the qualifications and experience of key personnel proposed will be factored into the evaluation process; therefore, key personnel must not be replaced without the approval of the City. Any approved substitutions must be with personnel of equal or better qualifications. In addition, any other commitments must not conflict with the level of commitment proposed for this project.
4.1.1 Provide names and titles of key personnel and an organizational chart of your
proposed project team. Provide professional resumes of all key personnel. At a minimum, key personnel must possess minimum experience and current professional certifications as indicted in the Scope of Work.
5. Knowledge and Experience: Provide detailed relevant information about Proposer’s knowledge
and experience, including:
5.1 Summarize three or more deployments (in similar size and scope to this RFP), with brief descriptions that demonstrate Proposer’s experience providing managed telecommunication maintenance services for a major metropolitan area;
5.2 Company track record: Provide a brief summary of company’s background history, number of years in business, total number of employees, key personnel and their availability to be deployed on this project for the City.
6. Client References: Provide reference name and contact information for three (3) clients for whom Proposer has provided similar services to municipalities within the past three (3) years. Provide size and scope of each project with brief descriptions of the projects. Specifically, provide the following:
6.1 Name and location of project(s); 6.2 “CURRENT” reference contact name, telephone numbers, and e-mail addresses; 6.3 Total number of spaces managed (off-street and on-street); 6.4 Deployment completion date(s) or current status; 6.5 List any key Youth Program features that may distinguish your company from the
competition.
7. M/WBE Participation: Identify M/WBE subcontractor(s) and submit a signed “M/WBE Letter of Intent” form identifying the role of each subcontractor for this implemented project.
8. Financial Stability: If Proposer is an entity that is required to prepare audited financial statements,
then Proposer shall submit an annual report containing the information provided in Part III, E, 2.5.1 through 2.5.4 of this document. If Proposer is a privately-owned entity or sole proprietorship for which audited financial statements are not required, Proposer shall submit an annual report containing the information provided in Part III, E, 2.6.1 through 2.6.3, or 2.6.4 of this document.
9. Exceptions to Standard Contract: Provide any exceptions to the standard contract and include
the rationale for taking the exception. Such exceptions will be considered when evaluating the Proposer’s response to this RFP. If alternate language is proposed, include the proposed language for consideration, along with the corresponding Article Nos. within the RFP.
10. Legal Actions: Provide a list of any pending litigation and include a brief description of the reason
for legal action.
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11. Conflict of Interest: Provide information regarding any real or potential conflict of interest(s).
Failure to disclose any potential conflict of interest at the outset may be cause for rejection of the Proposal.
12. Other: Provide any information the Proposer deems pertinent to demonstrating its qualifications
to perform the services being requested, such as memberships in any professional associations, documents, examples, etc.
13. Forms and Certifications: Complete all forms and certifications attached, as appropriate.
14. Price Proposal/Fee Schedule: Please separately submit a Price Proposal/ Fee Schedule with the level of detail provided in “Exhibit F”.
Part V – EXCEPTIONS TO TERMS AND CONDITIONS All exceptions to the Sample Agreement shall be submitted in a clearly identified separate section of the Proposal in which the Proposer clearly cites the specific paragraphs within the Sample Agreement where the exceptions occur. Any exceptions not included in such a section shall be without force and effect in any resulting contract unless such exception is specifically approved by the Chief Procurement Officer or designee, City Attorney, Director(s) or designee in a written statement. The Proposer’s preprinted or standard terms will not be considered by the City as a part of any resulting contract.
All exceptions that are contained in the Sample Agreement may negatively affect the City’s evaluation based on the evaluation criteria as stated in the RFP.
Please complete Exhibit XII Agreement / Exceptions and Deviations to the Terms and Conditions.
Part VI – SPECIAL CONDITIONS
A. No Contact Period
Neither Proposer(s) nor any person acting on Proposer(s)'s behalf shall attempt to influence the outcome of the award by the offer, presentation or promise of gratuities, favors, or anything of value to any appointed or elected official or employee of the City, their families or staff members. All inquiries regarding the solicitation are to be directed to the designated City Representative identified on the first page of the solicitation. With the exception of Proposer’s formal response to the solicitation and written requests for clarification during the period officially designated for such purpose by the City Representative, neither Proposer(s) nor persons acting on their behalf shall communicate with any appointed or elected official or employee of the City, their families, or staff through written or oral means in an attempt to persuade or attempt to persuade or influence the outcome of the award or to obtain or deliver information intended to or which could reasonably result in an advantage to any Proposer from the time of issuance of the solicitation through the pre-award phase and up to the date the City Secretary publicly posts notice of any City Council agenda containing the applicable award. However, nothing in this paragraph shall prevent a bidder from making public statements to the City Council convened for a regularly scheduled session after the official selection has been made and placed on the City Council agenda for action, or to a City Council committee convened to discuss a recommendation regarding the solicitation.
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B. Minority and Woman Business Enterprises (“M/WBE”)
It is the City of Houston’s policy to ensure that Minority and Women Business Enterprises (MWBE) have full opportunity to compete for and participate in City Contracts. Contractor shall comply with the City’s MWBE Program as set forth in Chapter 15, Article V of the City of Houston Code of Ordinances. Contractor shall make good faith efforts to award subcontracts and supply agreements in at least 18% of the value of the Agreement to certified MWBEs. Contractor acknowledges that they have reviewed the requirements for good faith efforts on file with the Office of Business Opportunity (OBO), available at http://www.houstontx.gov/obo/docsandforms/goodfaithefforts.pdf, and will comply with the set forth requirements. Contractor shall maintain records of subcontracts and supply agreements with certified MWBEs, containing language required herein. In addition, Contractor shall submit all disputes that may arise with MWBE subcontractors/supplies to mediation provided by the City, if directed to do so by the Office of Business Opportunity.
C. Protests
Protests should be filed in accordance with the City of Houston Administrative Policy No. 5-
1212 http://www.houstontx.gov/adminpolicies/5-12.pdf
D. Cancellation
The City has sole discretion and reserves the right to cancel this RFP, or to reject any or all Proposals received prior to contract award.
E. Anti-Boycott of Israel
City vendors are required to certify that they are not currently engaged in, and agrees until the funds are exhausted under its contract with the City not to engage in, the boycott of Israel as defined by Section 808.001 of the Texas Government Code.
F. Executive Order 1-56 Zero Tolerance for Human Trafficking in City Service Contracts and
Purchasing
The City has a zero tolerance for human trafficking and, per Executive Order 1-56, City funds shall not be used to promote human trafficking. City vendors are expected to comply with this Executive Order and notify the City’s Chief Procurement Officer of any information regarding possible violation by the vendor or its subcontractors providing services or goods to the City. The Executive Order is available on the City’s website: http://www.houstontx.gov/execorders/1-56.pdf
PART VII – INSTRUCTIONS TO PROPOSERS
A. Pre-Proposal Conference
A Pre-Proposal Conference will be held at the date, time, and location indicated on the first page of the RFP document. Interested Proposer(s) are encouraged to attend. It will be assumed that potential Proposer(s) attending this meeting have reviewed the RFP in detail, and are prepared to bring up any substantive questions not already addressed by the City.
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B. Additional Information and Specification Changes
Requests for additional information and questions should be addressed to the Finance Department, Strategic Procurement Division, Senior Procurement Specialist, Valerie Player-Kaufman, preferably by e-mail to [email protected] or by telephone at (832) 393-8749 no later than 2:00, CST by Friday, July 6, 2018. The City shall provide written responses to all questions received by Proposers prior to the RFP submittal deadline. Questions received from all Proposer(s) shall be answered by the City and made available to Proposer(s) who are listed as having obtained the RFP. Proposer(s) shall be notified in writing of any changes in the specifications contained within this RFP.
C. Letter(s) of Clarification
1. All Letters of Clarification and interpretations to this Solicitation shall be in writing. Any Letter of
Clarification(s) or interpretation that is not in writing shall not legally bind the City. Only information supplied by the City in writing or in this RFP should be used in preparing Proposal responses.
2. The City does not assume responsibility for the receipt of any Letters of Clarification sent to
Proposer(s).
D. Examination of Documents and Requirements
1. Each Proposer shall carefully examine all RFP documents and familiarize themselves with all requirements prior to submitting a Proposal to ensure that the Proposal meets the intent of this RFP.
2. Before submitting a Proposal, each Proposer shall be responsible for making all investigations
and examinations that are necessary to ascertain conditions and affecting the requirements of this RFP. Failure to make such investigations and examinations shall not relieve the Proposer from obligation to comply, in every detail, with all provisions and requirements of the RFP.
E. Post-Proposal Discussions with Proposer(s)
It is the City’s intent to commence final negotiation with the Proposer(s) deemed most advantageous to the City. The City reserves the right to conduct post-Proposal discussions with any Proposer(s).
PART VIII – REQUIRED FORMS TO BE SUBMITTED WITH PROPOSAL
A. Offer and Submittal, List of References, and List of Proposed Subcontractors (Exhibit I; see pgs. 16-
18) B. Signed M/WBE Forms (Exhibit II; see pgs. 19-23): Attachment “A” Schedule of M/WBE Participation,
M/WBE Participation Plan Good Faith Efforts; Attachment “B” Office of Business Opportunity and Contract Compliance M/WBE Utilization Report; Attachment “C” Certified M/WBE Subcontract Terms; Attachment “D” Office of Business Opportunity and Contract Compliance M/WBE Utilization Report
C. Fair Campaign Ordinance and Form “A” Fair Campaign (Exhibit III; see pgs. 24-27)
D. Contractor Ownership Disclosure Ordinance and Affidavit of Ownership or Control (Exhibit IV; see pgs. 28-31)
E. Anti-Collusion Statement (Exhibit V; see pg. 32)
F. Bidder’s Statement of Residency (Exhibit VI; see pg. 33)
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G. Conflict of Interest Questionnaire (Exhibit VII; see pgs. 34-35)
PART IX – REQUIRED FORMS TO BE SUBMITTED BY RECOMMENDED VENDOR ONLY Required forms shall be supplied to the Contractor after the award recommendation:
A. Insurance Requirements and Insurance Certificate B. Drug Policy Compliance Agreement (Exhibit “B”); Contractor’s Certification of No Safety Impact
Positions in Performance of a City Contract (Exhibit “C”); Drug Policy Compliance Declaration (Exhibit “D”) (see pgs. 36-39)
C. City Contractors’ Pay or Play Acknowledgement Form (POP-1)
http://www.houstontx.gov/obo/payorplay/pop1.pdf and Pay or Play Certificate of Compliance (POP-2) http://www.houstontx.gov/obo/payorplay/pop2.pdf
D. To be eligible for the preference, a company must be designated as a City Business (CB) or Local
Business (LB) under the Hire Houston First Program prior to submittal of proposal. Proposers must provide Declaration of Hire Houston First Designation form with proposal submission.
E. Requested information outlined in the scope of work and other additional relevant/supporting
information, or alternate Proposal. F. Texas Ethics Commission, Certificate of Interested Parties (Form 1295). Download a copy at
https://www.ethics.state.tx.us/tec/1295-Info.htm
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EXHIBIT I OFFER AND SUBMITTAL, REFERENCES, PROPOSED SUBCONTRACTORS
PAGE INTENTIONALLY LEFT BLANK
Page 36 of 56
EXHIBIT I OFFER AND SUBMITTAL
NOTE: PROPOSAL MUST BE SIGNED AND NOTARIZED BY AN AUTHORIZED REPRESENTATIVE(S) OF THE PROPOSER, WHICH MUST BE THE ACTUAL LEGAL ENTITY THAT WILL PERFORM THE CONTRACT IF AWARDED AND THE TOTAL FIXED PRICE CONTAINED THEREIN SHALL REMAIN FIRM FOR A PERIOD OF ONE-HUNDRED EIGHTY (180) DAYS. "THE RESPONDENT WARRANTS THAT NO PERSON OR SELLING AGENCY HAS BEEN EMPLOYED OR RETAINED TO SOLICIT OR SECURE THIS CONTRACT UPON AN AGREEMENT OR UNDERSTANDING FOR A COMMISSION, PERCENTAGE, BROKERAGE, OR CONTINGENT FEE, EXCEPTING BONA FIDE EMPLOYEES. FOR BREACH OR VIOLATION OF THIS WARRANTY, THE CITY SHALL HAVE THE RIGHT TO ANNUL THIS AGREEMENT WITHOUT LIABILITY OR, AT ITS DISCRETION, TO DEDUCT FROM THE CONTRACT PRICES OR CONSIDERATION, OR OTHERWISE RECOVER THE FULL AMOUNT OF SUCH COMMISSION, PERCENTAGE, BROKERAGE OR CONTINGENT FEE." Respectfully Submitted:
_______________________________________________________________________________________
(Print or Type Name of Contractor – Full Company Name)
City of Houston Vendor No. (If already doing business with City): __________________________________________ Federal Identification Number: _____________________________________________________________________ By: ____________________________________________________________________________________
(Signature of Authorized Officer or Agent)
Printed Name: ___________________________________________________________________________
Title: ___________________________________________________________________________
Date: ___________________________________________________________________________
Address of Contractor: _____________________________________________________________________
Street Address or P.O. Box
_____________________________________________________________________
City – State – Zip Code
Telephone No. of Contractor: (_____) __________________________________________________________
Signature, Name and title of Affiant: ____________________________________________________________
_______________________________________________________________________________________
(Notary Public in and for)
____________________________________________________________________________ County, Texas
My Commission Expires: ______________ day of _____________________________________ 20_________
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EXHIBIT I REFERENCES
LIST OF PREVIOUS CUSTOMERS
1. Name: ___________________________________ Phone No.: _________________
Address: __________________________________________________________________
Contract Award Date: ________________ Contract Completion Date: _______________
Contract Name/Title: ________________________________________________________
Email: ________________________________________________________
Project Description: _________________________________________________________
__________________________________________________________________________
2. Name: ___________________________________ Phone No.: _________________
Address: __________________________________________________________________
Contract Award Date: ________________ Contract Completion Date: _______________
Contract Name/Title: ________________________________________________________
Email: ________________________________________________________
Project Description: _________________________________________________________
__________________________________________________________________________
3. Name: ___________________________________ Phone No.: _________________
Address: __________________________________________________________________
Contract Award Date: ________________ Contract Completion Date: _______________
Contract Name/Title: ________________________________________________________
Email: ________________________________________________________
Project Description: _________________________________________________________
__________________________________________________________________________
4. Name: ___________________________________ Phone No.: _________________
Address: __________________________________________________________________
Contract Award Date: ________________ Contract Completion Date: _______________
Contract Name/Title: ________________________________________________________
Email: ________________________________________________________
Project Description: _________________________________________________________
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EXHIBIT I LIST OF SUBCONTRACTOR(S)
The following is a list of Subcontractors we propose to engage on the following items of Work. Any item of Work which does not designate a Subcontractor will be done by the firm submitting the Proposal.
SEGREGATED PART OF WORK SUBCONTRACTOR/SUPPLIER ________________________________ __________________________________
________________________________ __________________________________
________________________________ __________________________________
________________________________ __________________________________
________________________________ __________________________________
________________________________ __________________________________
________________________________ __________________________________
________________________________ __________________________________
________________________________ __________________________________
________________________________ __________________________________
________________________________ __________________________________
________________________________ __________________________________
________________________________ __________________________________
________________________________ __________________________________
________________________________ __________________________________
________________________________ __________________________________
________________________________ __________________________________
________________________________ __________________________________
________________________________ __________________________________
________________________________ __________________________________
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EXHIBIT II ATTACHMENT “A”
SCHEDULE OF MWBE PARTICIPATION
Date:
Bid Number:
Formal Bid
Title:
Name of Certified
MWBE Subcontractor
Street Address, City, State, Zip
Code, Tel # & Email
Certification
Type for Goal
MBE, WBE
(Each firm may
only be used for
one goal type)
NAICS
Code
(6 Digits)
Description of Work
(Scope of Work)
% of
Participation
TOTAL $ TBD
MWBE PARTICIPATION AMOUNT $ TBD
TOTAL BID AMOUNT $ TBD
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If you have exhausted your best efforts to comply with the City’s MWBE Policy by seeking subcontracts and supply agreements with certified
minority and women business enterprises, yet failed to meet the MWBE contract goal of this bid document, list below your good faith efforts
to demonstrate compliance with the City’s MWBE Program. For more information, please review the Good Faith Efforts Policy, which can
be found on the OBO website at www.houstontx.gov/obo.
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
**All firms listed on this MWBE Participation Plan must be certified by the Office of Business Opportunity at the time of bid submission. The
completed MWBE Participation Plan must be returned with the bid form.
The undersigned will enter into a formal subcontracting or supply agreement with the MWBEs subcontractors and suppliers listed on this
participation plan upon award of a contract with the City.
________________________________________________
Bidder Company Name
_________________________________________________
Signature of Authorized Officer/Agent/Bidder & Title
_________________________________________________
Print or Typed Name of Authorized Officer/Agent/Bidder & Title
_________________________________________________
Print or Typed Name of Authorized Officer/Agent/Bidder & Title
_________________________________________________
Date
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EXHIBIT II ATTACHMENT “B”
OFFICE OF BUSINESS OPPORTUNITY AND CONTRACT COMPLIANCE MWBE UTILIZATION REPORT
NOTICE OF INTENT
THIS AGREEMENT IS SUBJECT TO MEDIATION AND CAN BE INITIATED BY THE COMPANIES SIGNED BELOW OR THE OFFICE OF BUSINESS OPPORTUNITY. To: City of Houston Date: Administering Department Project Name and Number Bid Amount: TBD M/W/BE Goal: , agrees to enter into a contractual agreement with Prime Contractor _______________________________, who will provide the following goods/services in connection MWBE Subcontractor
with the above-referenced contract:
_______________
for an estimated amount of $ TBD or % of the total contract value. is currently certified with the City of Houston’s Office of Business (M/W/BE Subcontractor) Opportunity to function in the aforementioned capacity. Intend to
Prime Contractor M/W/BE Subcontractor
work on the above-named contract in accordance with the M/W/DBE Participation Section of the City of Houston Bid Provisions, contingent upon award of the contract to the aforementioned Prime Contractor. Signed (Prime Contactor) Signed (M/W/BE Subcontractor) Printed Signature Printed Signature Title Date Title Date
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EXHIBIT II ATTACHMENT “C”
CERTIFIED MWBE SUBCONTRACT TERMS
CITY OF HOUSTON CERTIFIED MWBE SUBCONTRACT TERMS Contractor shall ensure that all subcontracts with M/WBE subcontractors and suppliers are clearly labeled “THIS CONTRACT IS SUBJECT TO MEDIATION” and contain the following terms:
1. _______________________(M/WBE subcontractor) shall not delegate or subcontract more than 50% of the work under this subcontract to any other subcontractor or supplier without the express written consent of the City of Houston’s Office of Business Opportunity Director (“the Director”).
2. _______________________(M/WBE subcontractor) shall permit representatives of the City of
Houston, at all reasonable times, to perform 1) audits of the books and records of the subcontractor, and 2) inspections of all places where work is to be undertaken in connection with this subcontract. Subcontractor shall keep such books and records available for such purpose for at least four (4) years after the end of its performance under this subcontract. Nothing in this provision shall affect the time for bringing a cause of action or the applicable statute of limitations.
3. Within five (5) business days of execution of this subcontract, Contractor (prime contractor) and
Subcontractor shall designate in writing to the Director an agent for receiving any notice required or permitted to be given pursuant to Chapter 15 of the Houston City Code of Ordinances, along with the street and mailing address and phone number of such agent.
These provisions apply to goal-oriented contracts. A goal-oriented contract means any contract for the supply of goods or non-professional services in excess of $100,000.00 for which competitive proposals are required by law; not within the scope of the MBE/WBE/SBE program of the United States Environmental Protection Agency or the United States Department of Transportation; and which the City Chief Procurement Officer has determined to have significant MWBE subcontracting potential in fields which there are an adequate number of known MBEs, WBE’s, and or SBE’s (if applicable) to compete for City contracts. The MWBE policy of the City of Houston will be discussed during the pre-proposal conference. For information, assistance, and/or to receive a copy of the City’s Affirmative Action Policy and/or Ordinance, contact the Office of Business Opportunity Division at 832.393.0600, 611 Walker Street, 7th Floor, Houston, Texas 77002.
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EXHIBIT II ATTACHMENT “D”
OFFICE OF BUSINESS OPPORTUNITY AND CONTRACT COMPLIANCE MWBE UTILIZATION REPORT
Report Period: _____________________ PROJECT NAME & NUMBER: ___________________________________ AWARD DATE:_____________________________ PRIME CONTRACTOR: ________________________________________ CONTRACT NO.: ___________________________ ADDRESS: __________________________________________________ CONTRACT AMOUNT: ______________________ LIAISON/PHONE NO.: _________________________________________ MWBE GOAL: ____________________________
MWBE SUB/VENDOR NAME
DATE OF OBO CERTIFICATION
DATE OF SUBCONTRACT
SUBCONTRACT AMOUNT
% OF TOTAL CONTRACT
AMOUNT PAID TO DATE
% OF CONTRACT TO DATE
Use additional pages if needed. Submit by the 15th day of the following month. Office of Business Opportunity Provide support documentation on all revenues paid to end of the report period to: ATTN: Carlecia Wright 713-837-9000 MWBE’s to reflect up/down variances on Contract amount. 611 Walker, 7th Floor Houston, Texas 77002
EXHIBIT II
ATTACHMENT “E” DECLARATION OF HIRE HOUSTON FIRST DESIGNATION
DIRECTIONS: Execute the declaration below regarding your company’s status as a Hire Houston First (HHF) designated company. Fill out the appropriate box below and leave the other blank. If your company does not have a HHF designation and would like to apply for designation go to: www.houstontx.gov/obo/hirehoustonfirst.html at least 10 working days prior to submitting a bid or proposal.
1. This certifies that Bidder/Proposer, , is a Hire Houston First designated City Business (CB). A valid certificate of designation is attached.
____ __ _/__________ Print Name Signature Date
2. This certifies that Bidder/Proposer, , is a Hire Houston First designated Local Business (LB). A valid certificate of designation is attached.
____ __ _/________ Print Name Signature Date
EXHIBIT III
FAIR CAMPAIGN ORDINANCE
The City of Houston Fair Campaign Ordinance makes it unlawful for a Contractor to offer any contribution to a candidate for City elective office (including elected officers and officers-elect). All respondents to this invitation to bid must comply with Houston Code of Ordinances Chapter 18 as amended relating to the contribution and solicitation of funds for election campaigns. Provisions of this ordinance are provided in part in the paragraphs that follow. Complete copies may be obtained from the office of the City Secretary. Candidates for city office may neither solicit nor receive contributions except during a period commencing 270 calendar days prior to an election date for which a person is a candidate for such office and ending 90 calendar days after the election date, including run-off elections if such candidate is on the ballot. Further, it shall be unlawful either for any person who submits a Bid or Proposal to contribute or offer any contribution to a candidate or for any candidate to solicit or accept any contribution from such person for a period commencing at the time of posting of the City Council Meeting Agenda including an item for the award of the Contract and ending upon the 30th day after the award of the Contract by City Council. For the purposes of this Ordinance, a Contract is defined as each Contract having a value in excess of $30,000 that is let by the City for professional services, personal services, or other goods or services of any other nature whether the Contract is awarded on a negotiated basis, request for Proposal basis, competitive Proposal basis or formal sealed competitive Bids. The term Contractor includes proprietors of proprietorships, partners having an equity interest of 10% of more of partnerships, (including limited liability partnerships and companies), all officers and directors of corporations (including limited liability corporations), and all holders of 10% or more of the outstanding shares of corporations. A STATEMENT DISCLOSING THE NAMES AND BUSINESS ADDRESSES EACH OF THOSE PERSONS WILL BE REQUIRED TO BE SUBMITTED WITH EACH BID OR PROPOSAL FOR A CITY CONTRACT. Completion of the attached form entitled "Contractor Submission List" will satisfy this requirement. Failure to provide this information may be just cause for rejection of your Bid or Proposal.
EXHIBIT III
FORM “A”: FAIR CAMPAIGN
CONTRACTOR SUBMISSION LIST
CITY OF HOUSTON FAIR CAMPAIGN ORDINANCE
By submitting a bid or proposal to the City of Houston for a Contract in excess of $50,000 or for which a request is presented to City Council for approval, all respondents agree to comply with Chapter 18
of the Code of Ordinances. Pursuant to Section 18-36 of the Code of Ordinances, it is unlawful either for any contractor to contribute or offer any contribution to a candidate, or for any candidate to solicit or accept any contribution from a contractor for a period commencing at the time of posting of the City Council Meeting Agenda including an item for the award of the Contract and ending upon the 30th day after the award of the Contract by City Council, or a determination by City Council of the Mayor that the contract will not be awarded to a contractor. The term “contractor” means any person who has received the award of a contract, has submitted a bid or proposal in any form for the award of a contract, or has been proposed to be awarded the contract in an item placed upon the City Council agenda, including any other person who seeks the award of the contract and is contesting, appealing, or protesting the award of the contract as proposed.
This list is submitted under the provisions of Section 18-36(b) of the City of Houston Code of
Ordinances in connection with the attached Bid/Proposal of:
Firm or Company Name:
Firm or Company Address:
The firm/company is organized as indicated below. Check one as applicable and attach additional pages if needed to supply the required names and addresses.
[ ] SOLE PROPRIETOR
Name
Proprietor Address
[ ] A PARTNERSHIP
LIST EACH PARTNER HAVING EQUITY INTEREST OF 10% OR MORE OF PARTNERSHIP
(IF NONE STATE “NONE”)
Name Partner Address
Name
Partner Address
[ ] A LIMITED LIABILITY COMPANY
LIST EACH MEMBER OR MANAGER (IF NO MEMBERS) HAVING EQUITY INTEREST OF
10% OR MORE IN THE LIMITED LIABILITY COMPANY (IF NONE, STATE “NONE”)
Name Member/Manager Address
Name
Member/Manager Address
Name
Member/Manager Address
[ ] A CORPORATION
LIST ALL DIRECTORS OF THE CORPORATION (IF NONE STATE “NONE”)
Name Director Address
Name
Director Address
Name
Director Address
LIST ALL OFFICERS OF THE CORPORATION (IF NONE STATE “NONE”)
Name
Officer Address
Name
Officer Address
Name
Officer Address
LIST ALL INDIVIDUALS OWNING 10% OR MORE OF OUTSTANDING SHARES OF STOCK
OF THE CORPORATION (IF NONE STATE “NONE”)
Name Owner Address
Name
Owner Address
Name
Owner Address
I certify that I am duly authorized to submit this list on behalf of the firm, that I am associated with the firm in the capacity noted below, and that I have knowledge of the accuracy of the information
provided herein.
Signature
Printed Name
Title
Note: This list constitutes a government record as defined by § 37.01 of the Texas Penal Code. 12/15/2016
EXHIBIT IV
CONTRACTOR OWNERSHIP DISCLOSURE ORDINANCE
City Council requires knowledge of the identities of the owners of entities seeking to Contract with the City in order to review their indebtedness to the City prior to entering Contracts. Therefore, all respondents to this Invitation to Bid must comply with Houston Code of Ordinances Chapter 15, as amended (Sections 15-122 through 15-126) relating to the disclosure of owners of entities bidding on, proposing for or receiving City contracts. Provisions of this ordinance are provided in part in the paragraphs that follow. Complete copies may be obtained from the office of the City Secretary.
Contracting entity means a sole proprietorship, corporation, non-profit corporation, partnership, joint venture, limited liability company, or other entity that seeks to enter into a contract requiring approval by the Council but excluding governmental entities. A contracting entity must submit at the time of its Bid or Proposal, an affidavit listing the full names and the business and residence addresses of all persons owning five percent or more of a contracting entity or, where a contracting entity is a non-profit corporation, the full names and the business and residence addresses of all officers of the non-profit corporation. Completion of the "Affidavit of Ownership or Control," included herein, and submitted with the Official Bid or Proposal Form will satisfy this requirement. Failure to provide this information may be just cause for rejection of your Bid or Proposal.
EXHIBIT IV AFFIDAVIT OF OWNERSHIP OR CONTROL
ORIG. DEPT.: [FIN/SPD] FILE/I.D. NO.:[64 – RCA #T26574] INSTRUCTION: ENTITIES USING AN ASSUMED NAME SHOULD DISCLOSE THAT FACT TO AVOID REJECTION OF THIS AFFIDAVIT. THE
FOLLOWING FORMAT IS RECOMMENDED: CORPORATE/LEGAL NAME DBA ASSUMED NAME.
STATE OF §
§ AFFIDAVIT OF OWNERSHIP OR CONTROL
COUNTY OF §
BEFORE ME, the undersigned authority, on this day personally appeared
[FULL NAME] (the “Affiant”),
[STATE TITLE/CAPACITY WITH CONTRACTING ENTITY] of
[CONTRACTING ENTITY’S CORPORATE/LEGAL NAME] (”Contracting Entity”), who being by me duly
sworn on oath stated as follows:
1. Affiant is authorized to give this affidavit and has personal knowledge of the facts and matters herein stated.
2. Contracting Entity seeks to do business with the City in connection with
[DESCRIBE PROJECT OR MATTER] which is expected to be in an amount that exceeds $50,000.
3. The following information is submitted in connection with the proposal, submission or bid of Contracting Entity in connection with the above described project or matter.
4. Contracting Entity is organized as a business entity as noted below (check box as applicable).
FOR PROFIT ENTITY: NON-PROFIT ENTITY:
[ ] SOLE PROPRIETORSHIP [ ] NON-PROFIT CORPORATION [ ] CORPORATION [ ] UNINCORPORATED ASSOCIATION [ ] PARTNERSHIP [ ] LIMITED PARTNERSHIP [ ] JOINT VENTURE [ ] LIMITED LIABILITY COMPANY [ ] OTHER (Specify type in space below)
5. The information shown below is true and correct for the Contracting Entity; and 6. All owners of 10% or more of the Contracting Entity and, where the Contracting Entity is a non-profit entity, the
required information has been shown for each officer, i.e., president, vice-president, secretary, treasurer, etc. [NOTE: IN ALL
CASES, USE FULL NAMES, LOCAL BUSINESS AND RESIDENCE ADDRESSES AND TELEPHONE NUMBERS. DO NOT USE POST OFFICE
BOXES FOR ANY ADDRESS. INCLUSION OF E-MAIL ADDRESSES IS OPTIONAL, BUT RECOMMENDED. ATTACH ADDITIONAL SHEETS AS
NEEDED.]
Contracting Entity
Name: Business Address [NO./STREET]
[CITY/STATE/ZIP CODE]
Telephone Number (_____) Email Address [OPTIONAL] Residence Address [NO./STREET]
[CITY/STATE/ZIP CODE]
Telephone Number (_____) Email Address [OPTIONAL]
10% Owner(s) or More (IF NONE, STATE “NONE.”)
Name:
Business Address [NO./STREET]
[CITY/STATE/ZIP CODE]
Telephone Number (_____)
Email Address [OPTIONAL]
Residence Address [NO./STREET]
[CITY/STATE/ZIP CODE]
Telephone Number (_____)
Email Address [OPTIONAL]
7. Optional Information
Contracting Entity and/or [NAME OF OWNER OR NON-PROFIT
OFFICER] is actively protesting, challenging or appealing the accuracy and/or amount of taxes levied against [CONTRACTING ENTITY, OWNER OR NON-PROFIT OFFICER] as follows:
Name of Debtor: Tax Account Nos. Case or File Nos. Attorney/Agent Name Attorney/Agent Phone No. (_____) Tax Years
Status of Appeal [DESCRIBE]
Affiant certifies that he or she is duly authorized to submit the above information on behalf of the Contracting Entity, that Affiant is associated with the Contracting Entity in the capacity noted above and has personal knowledge of the accuracy of the information provided herein, and that the information provided herein is true and correct to the best of Affiant’s knowledge and belief.
Affiant
SWORN TO AND SUBSCRIBED before me this day of , 20 . (Seal)
Notary Public
NOTE: This affidavit constitutes a government record as defined by Section 37.01 of the Texas Penal Code. Submission of a false government record is punishable as provided in Section 37.10 of the Texas Penal Code. Attach additional pages if needed to supply the required names and addresses.
EXHIBIT V
ANTI-COLLUSION STATEMENT
The undersigned, as Proposer, certifies that the only person or parties interested in this Proposal as principals
are those named herein; that the Proposer has not, either directly or indirectly entered into any Agreement,
participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection
with the award of this Contract.
__________________________ __________________________________ Date Proposer Signature
EXHIBIT VI
BIDDER’S STATEMENT OF RESIDENCY
The City may not award a contract for general construction, services, or purchases to a Nonresident Bidder unless Nonresident's Bid is lower than the lowest Bid submitted by a responsible Texas Resident Bidder by the same amount that a Texas Resident bidder would be required to underbid the Nonresident Bidder to obtain a comparable contract in the state in which Nonresident's principle place of business is located.
1. This certifies that the Bidder, , is a State of Texas
Resident Bidder as defined in TEX. GOVT. CODE ANN. § 2252.001(4) (Vernon 2016).
Signature Title
"Texas Resident Bidder" means a bidder whose principal place of business is in this State, and includes a Contractor whose ultimate parent company or majority owner has its principal place of business in this State. When bidder cannot sign 1, above, proceed to 2. 2. a. is a resident of and is a Nonresident Bidder as defined in TEX. GOVT. CODE ANN. § 2252.001(3) (Vernon 2016).
Signature Title
"Nonresident Bidder" means a bidder whose principal place of business is not in this State, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this State.
b. The State of [does/does not] have a state statute giving preference to resident bidders.
Signature Title If the answer to 2.b is that your state does have a statute giving preference to resident bidders, then you must provide a copy and proceed to 3. 3. A copy of the State of statute is attached.
Signature Title
Date
************************************************************************************ Note to Specifier - Do not include this form if the Project will receive federal funding in whole or in part. If used, include reference in Document 00210 - Supplementary Instructions to Bidders. States that currently penalize out-of-state bidders include, but may not be limited to, Colorado, Illinois, Iowa, Minnesota, Montana, North Dakota, Pennsylvania, and Wyoming. If Low Bidder is a resident of one of these states, consult the City of Houston Legal Department in adjusting the Bid Amount. ************************************************************************************
EXHIBIT VII
CONFLICT OF INTEREST QUESTIONNAIRE
CONFLICT OF INTEREST QUESTIONNAIRE: Chapter 176.006 of the Local Government Code (“the code”) requires a Vendor/Contractor to file a Conflict of Interest Questionnaire (CIQ) with the City. NOTE: Vendors/Contractors or Agents should not complete the CIQ if a conflict, as described below, does not exist. Only Vendors/Contractors or Agents that actually have a conflict, as described below, must file a CIQ. Who must file a CIQ? A Vendor/Contractor or Agent of a Vendor/Contractor does not have to file a CIQ unless they intend to enter or is considering entering into a contract with the City or:
1. has an employment or other business relationship with the Local Government Officer/Family Member; or 2. has given the Local Government Officer/Family Member one or more gifts with the aggregate value
exceeding $250.00. When must the Vendor/Contractor or Agent file a CIQ? The completed CIQ must be filed with the City Chief Procurement Officer not later than the 7th business day after the date the Vendor/Contractor or Agent:
1. begins discussions or negotiations to enter into a contract with the City; 2. submits an application to the City in response to a request for proposals or bids, correspondence, or any
other writing related to a potential contract with the City; 3. becomes aware of an employment or other business relations with the Local Government Officer/Family
Member; 4. becomes aware that he/she has given one or more gifts to the Local Government Officer/Family Member
that exceeds $250.00; or 5. an event that would make the CIQ incomplete or inaccurate.
What is a business relationship? Under Chapter 176, business relationship means a connection between two or more parties based on the commercial activity of one of the parties. The term does not include:
1. a transaction that is subject to a rate or fee regulation by a governmental entity; 2. a transaction conducted at a price and subject to terms available to the public; or 3. a purchase or lease of goods or services from a person who is chartered by a state or federal agency
and is subject to regular examination and reporting to that agency. The Conflict of Interest Questionnaire is available for downloading from the Texas Ethics Commission’s website at http://www.ethics.state.tx.us/forms/CIQ.pdf . The Original Conflict of Interest Questionnaire shall be filed with the Finance Department, Strategic Procurement Division, ATTN: Jerry Adams, Chief Procurement Officer; 901 Bagby; Concourse Level; Houston, Texas 77002). Vendors and Contractors required to file shall include a copy of the form as part of the BID/Proposal package. Any questions about filling out this form should be directed to your attorney.
EXHIBIT VII
CONFLICT OF INTEREST QUESTIONNAIRE
