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IMPORTANT NOTICE TO ALL BIDDERS! It is the responsibility of each bidder to ensure Modesto City Schools (MCS) has their correct business name and contact information on file including an email address. Any prospective bidder who obtained bid documents from the MCS website or from anyone other than MCS is responsible for advising MCS that they have a set of contract documents and wish to receive subsequent Addenda. Please send your contact information to the Purchasing Department at [email protected] with the subject line “Bidder Contact Info” and include the following information: Bid Number Firm Name Contact Person’s Name Address Phone Number Fax Number Email Address The District may, during the bid period, advise the bidder by bulletin or addenda of additions, omissions or alterations in the specifications. All such changes shall be included in the bid and become a part of the specifications as if originally submitted. It is the bidder’s sole responsibility to insure they have received any and all subsequent addenda. Addenda will be posted on the District’s website at http://www.mcs4kids.com/district/purchasing/open-bids. It is the sole responsibility of each bidder to periodically check the site for any addenda. Bidders are to acknowledge receipt of any and all addenda. This shall be done by signing and returning a copy of the addendum page(s) with your proposal, or acknowledging the addendum number(s) on the Proposal Signature Page. Failure to acknowledge in writing the receipt of any addenda may result in bid rejection. It is the bidders’ sole responsibility to see that addenda acknowledgement requirements are met.

IMPORTANT NOTICE TO ALL BIDDERS! - MCS4kids 16-4616...IMPORTANT NOTICE TO ALL BIDDERS! It is the responsibility of each bidder to ensure Modesto City Schools (MCS) has their correct

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IMPORTANT NOTICE

TO ALL BIDDERS!

It is the responsibility of each bidder to ensure Modesto City Schools (MCS) has their

correct business name and contact information on file including an email address. Any

prospective bidder who obtained bid documents from the MCS website or from anyone

other than MCS is responsible for advising MCS that they have a set of contract

documents and wish to receive subsequent Addenda.

Please send your contact information to the Purchasing Department at

[email protected] with the subject line “Bidder Contact Info” and include

the following information:

Bid Number

Firm Name

Contact Person’s Name

Address

Phone Number

Fax Number

Email Address

The District may, during the bid period, advise the bidder by bulletin or addenda of

additions, omissions or alterations in the specifications. All such changes shall be

included in the bid and become a part of the specifications as if originally submitted.

It is the bidder’s sole responsibility to insure they have received any and all subsequent

addenda. Addenda will be posted on the District’s website at

http://www.mcs4kids.com/district/purchasing/open-bids.

It is the sole responsibility of each bidder to periodically check the site for any addenda.

Bidders are to acknowledge receipt of any and all addenda. This shall be done by signing

and returning a copy of the addendum page(s) with your proposal, or acknowledging the

addendum number(s) on the Proposal Signature Page.

Failure to acknowledge in writing the receipt of any addenda may result in bid rejection.

It is the bidders’ sole responsibility to see that addenda acknowledgement requirements are

met.

MODESTO CITY SCHOOLS

REQUEST FOR PROPOSAL

POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD

RFP No. 16-4616

Due: March 24, 2016

No later than 10:00 A.M. PST

MODESTO CITY SCHOOLS

Purchasing Department

426 Locust Street

Modesto, CA 95351

(209) 576-4090

PROCUREMENT TIMELINE

470 NUMBER 160029434

RFP ISSUED AND POSTED: FEBRUARY 24, 2016

DEADLINE FOR SUBMISSION OF QUESTIONS: March 14, 2016 no later than 10:00 AM

PROPOSALS DUE: March 24, 2016 no later than 10:00 AM

COMMUNICATE COLLABORATE CELEBRATE

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 2

RFP NO. 16-4616

POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD

NOTICE TO PROPOSERS

Notice is hereby given that the Board of Education of Modesto City Schools of Stanislaus

County, California will receive sealed proposals for RFP NO. 16-4616 POINT-TO-POINT LIT

FIBER AND DARK FIBER BUILD, no later than 10:00 a.m. PST on March 24, 2016, in the

Purchasing Department of Modesto City Schools, 426 Locust Street, Modesto, CA 95351.

Proposers may not withdraw bids for a period of sixty (60) days after the date set for opening of

bids.

Proposals shall be made on forms prepared by Modesto City Schools. Bid forms,

specifications and further information may be obtained from the website link:

https://www.mcs4kids.com/district/purchasing

Modesto City Schools reserves the right to accept or reject any or all proposals, or any

combination of proposals and to waive any irregularities or informalities which may be legally

waived.

MODESTO CITY SCHOOLS ______________________________________ Patti Truett, C.P.M., CPPB Director I, Purchasing

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 3

RFP NO. 16-4616

POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD

REQUIREMENTS

Modesto City Schools (MCS) is pleased to issue this RFP NO. 16-4616 POINT-TO-POINT LIT

FIBER AND DARK FIBER BUILD. Unless extended by an amendment to the RFP, the due date

and time for the receipt of proposals is March 24, 2016, no later than 10:00 a.m. PST, at the

Purchasing Department of Modesto City Schools.

Proposals shall be made on forms prepared by Modesto City Schools. Bid forms, specifications

and further information may be obtained from the website link:

https://www.mcs4kids.com/district/purchasing. Modesto City Schools is required to post both

this RFP and Form 470 on the USAC EPC Portal site http://www.usac.org/sl/tools/e-rate-

productivity-center/default.aspx . Questions and responses will be posted on the district’s

website and the EPC portal site. In the event that there is a discrepancy between in

documentation posted in multiple locations, the controlling (master) document will always be

located at https://www.mcs4kids.com/district/purchasing.

Please submit one (1) bound proposal, plus a complete copy on DVD/CD/flash drive. In

addition, Modesto City Schools requests a copy of all price proposals in Excel format be

included. Receipt of proposals is required by March 24, 2016, no later than 10:00 a.m. PST.

Proposals must arrive in the Purchasing Department, 426 Locust Street, Modesto, CA

95351, by the proposal deadline.

Proposers are solely responsible for ensuring their RFP is received by the Purchasing Department

in accordance with the proposal requirements, before the RFP submittal deadline, and at the

place specified.

Modesto City Schools will not be responsible for any delays in mail or by common carriers, or by

transmission errors or delays, or mistaken delivery. Delivery of proposal shall be made at the

office specified in the RFP. Deliveries made before the Date & Time Due, but to the wrong

department will be considered non-responsive, unless re-delivery is made to the office specified

before the date & time due as specified in the Notice to Proposers.

These projects and services depend on partial funding from the E-rate program.

For the purposes of this proposal, Service Providers are referred to as Service Provider, Offeror,

Proposer or contractor. Modesto City Schools is referred to as District.

A. The District expects each Service Provider to make themselves thoroughly familiar with any rules or regulations regarding the E-rate program.

B. The Service Provider is responsible for providing a valid SPIN (Service Provider Identification Number) and FCC Registration Number (FRN) at the time the proposal is submitted. Any potential service provider found to be in Red-Light Status will be

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 4

disqualified from participation in the bidding process and will be considered non-responsive.

C. All Service Providers will be responsible for procuring the discounted amount from the SLD.

D. The Service Provider will be required to send the District copies of all forms and invoices submitted to SLD prior to invoicing the SLD.

E. The District may use this proposal to issue purchase orders and pay for items that are not eligible for E-Rate discounts. Modesto City Schools will use District funds for these purchases.

F. Prices must be held firm for the duration of the E-Rate YEAR 19 fiscal year ending June 30, 2017, or until all work associated with the project(s) are complete (including any SLD approved extensions.)

G. The District reserves the right to deny any or all proposals associated with this RFP, even with SLD funding approval. The District reserves the right to accept the pricing proposal solely dependent upon SLD approval.

H. In addition, the District reserves the right to fund, (proceed with project or purchase) or not to fund regardless of E-Rate approval.

I. All contracts entered into as a result of this RFP will be contingent upon the specific funding of the FRN at the percentage rate submitted.

J. The maximum percentage the District will be liable for is the pre-discount amount minus the funded amount as shown on the form 471. The Service Provider will be responsible for invoicing the Schools and Libraries Division for the funded amount.

K. No billing or work can take place before July 1, 2016 for submission to the SLD for reimbursement.

L. No change orders will be allowed for the work resulting from this posting.

M. Within ten (10) days of award, Service Provider will provide District with bill and materials suitable for SLD Item 21. Approval for any deviation from Item 21 must be obtained from District in writing. Schedule of values and invoices for each site must match Item 21 or subsequent service substitutions.

N. In the event of questions during the E-Rate audit process, the successful Service Provider is expected to reply within three (3) days to questions associated with their proposal.

O. All work is subject to the 100% approval of the project or purchase by the FCC under the E-rate discount program of the Telecommunications Act of 1996.

P. MCS will require that the awarded service provider ensure that all eligible components of

service are filed with the California Public Utilities Commission (CPUC) and are eligible for the California Teleconnect Fund (CTF) discount. All California Teleconnect Funds must be applied upon start of service.

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 5

INSTRUCTIONS AND CONDITIONS

A. DEFINITIONS:

1. As used herein, “RFP” means this Request for Proposal.

2. As used herein, “District” or “MCS” means Modesto City Schools

3. As used herein, “Offeror” means the Firm or Contractor submitting a Proposal.

4. As used herein, “Offer” means the Proposal.

5. As used herein, “Contract” means an associated Agreement with the District.

6. As used herein, “Contractor” means the firm or Contractor that is awarded the contract with the District

PREPARATION OF PROPOSALS

CONTENTS OF PROPOSAL

OFFERORS must submit one (1) paper proposal, in addition to a complete copy on DVD/CD/flash

drive. All proposals shall address the following items in the order listed below. The proposal is to

demonstrate the qualifications, competence and capacity of the firm as well as specify the model

and make of all equipment being proposed:

COVER LETTER – Stating 1) the validity of the firm and irrevocable proposal/offer being valid for

sixty days after RFP closing date, 2) work will be completed on or before the Districts required

completion date (if work is to be completed prior to Districts requirement, it must state so in the

letter), and 3) other appropriate items. The proposal must bear the signature of a person duly

authorized to sign the proposal on behalf of the Offeror, and reference this RFP and accept its

terms and conditions or clearly and conspicuously indicate any exceptions.

DESCRIPTION OF FIRM - This section should provide a brief description of the firm and

statement of interest and qualifications for providing the requested equipment and services;

include information regarding the size, location, nature of work performed, and years in business,

and approach that will be used in meeting the needs of the District.

CAPACITY & METHODOLOGY - Use this section to address the ability of the firm to undertake

and accomplish the required scope of work for which you are requesting consideration.

PAST PERFORMANCE – Description of past performances of similar service and related

experience. In addition, the firm shall provide information on the circumstances and status of any

disciplinary action taken or pending against the firm during the past three (3) years with state

regulatory bodies or professional organizations. The firm will list the most relevant and significant

engagements performed in the last three (3) years that are similar to the size of engagement

described in this request for proposal. These engagements should be ranked on the basis of

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 6

project size. The firm will indicate the scope of work, date, and the name and telephone number

of the principal client contact.

CUSTOMER SERVICE TO MCS COMMITMENT – Describe how the firm will provide service and

fulfill the requirements and expectations of the District. Provide a description of how services will

be performed by Offeror.

The firm selected may be required to provide financial statements prior to entering into an

agreement.

Offerors shall execute and submit with any proposal/offer, the Attachment 1 “Firm Proposal/Offer

Form.”

Each Offeror must answer the questions in Attachment 2 of the RFP entitled: “Information

Required of Offeror.” Note: Questions may be answered in other sections of the proposal if clearly

and conspicuously identified.

Offerors shall execute and submit with any proposal/offer, the Attachment 3 “Criminal Background

Investigation Certification (Contractor)”

Offerors shall execute and submit with any proposal/offer, the Attachment 4 “Non-collusion

Affidavit Form.”

One (1) paper copy of the proposal and a complete on a DVD/CD or flash drive shall be sealed

together and submitted by no later than the closing date and time. Proposals shall be delivered

to the attention of: Purchasing Department, Modesto City Schools. It is the sole responsibility of

the firm submitting the proposal to ensure that it is actually received by the District prior to the

deadline time and due date and at the proper location.

Unless this RFP is extended by a written amendment, proposals received after the due date and

time, will not be considered.

Proposals shall be completed in all respects as required by the instructions herein. A proposal

may be rejected if it is conditional or incomplete, or if it contains alterations of form or other

irregularities of any kind. A proposal will be rejected if, in the opinion of the DISTRICT, the

information contained therein was intended to mislead the DISTRICT in the evaluation of the

proposal.

The proposal submitted must not contain erasure, interlineations, or other corrections unless each

correction is clearly and conspicuously authenticated by signing in the margin immediately

opposite the correction the name of the person signing the proposal. An Offeror will be bound by

the terms and conditions of the proposal, notwithstanding the fact that errors may be or are

contained therein. However, if material errors are actually discovered in a proposal, the proposal

may be deemed non-responsive and rejected by the District.

The DISTRICT requests that Offerors provide a best and final offer.

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 7

The DISTRICT may reject any or all proposals, and may waive informalities and minor

irregularities in proposals received.

All proposals and materials submitted in response to this RFP shall become the property of the

District and shall be considered a part of the Public Record.

After acceptance of the proposal by the District, a contract between the successful firm and the

District will be executed and will consist of the terms and conditions of this RFP and the scope of

services.

QUESTIONS AND ANSWERS

If an Offeror desires an explanation or clarification of any kind regarding this RFP, the Offeror

must make a written request for such explanation. All requests for information must be made in

writing via e-mail to Patti Truett C.P.M., CPPB, Director I, Purchasing, at

[email protected] no later than March 14, 2016 at 10:00 a.m. PST. Questions and

Answers will be posted on the District web site https://www.mcs4kids.com/district/purchasing and

the EPC portal site no later than March 18, 2016 at 5:00 p.m. PST. In the event that there is a

discrepancy between in documentation posted in multiple locations, the controlling (master)

document will always be located at https://www.mcs4kids.com/district/purchasing

AMENDMENTS

Offerors are advised that the District reserves the right to amend this RFP at any time.

Amendments will be done formally by providing written amendments to all potential Offerors

known to have received a copy of the RFP. If in the sole and absolute discretion of the District,

the change is of such a nature that additional time is required for Offeror to prepare proposals,

the District will change the due date deadline and notify all known Offerors in writing of the revised

deadline due date. All addendums will be posted on the District web site

https://www.mcs4kids.com/district/purchasing and the EPC portal site. In the event that there is

a discrepancy between documentation posted in multiple locations, the controlling (master)

document will always be located at https://www.mcs4kids.com/district/purchasing.

Offerors must acknowledge receipt of any and all RFP amendments.

Failure to acknowledge in writing the receipt of any amendments may result in proposal rejection.

VALIDITY OF FIRM PROPOSAL/OFFER

Each proposal/offer must be a firm irrevocable offer, and remain open and valid for sixty (60) days

after RFP closing date.

SUBMITTING PROPOSALS

Telegraphic or facsimile offers or electronic offers and modifications will NOT be considered.

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 8

MODIFICATION OR WITHDRAWL OF PROPOSAL

An Offeror may modify or withdraw a proposal after submission by written notice of withdrawal

and re-submission provided that the proposal withdrawal is prior to the due date deadline

specified for submission of proposals.

LATE PROPOSALS

No proposal or proposal modification received after the due date deadline will be considered.

PROPOSAL EVALUATION

It is anticipated that a contract will be made with the Offeror whose proposal is determined to be

in the overall best interest of the District by applying the evaluation criteria established in this RFP.

A District Proposal Evaluation Committee will determine which, if any, proposal is in the District’s

overall best interest to accept. The committee members will utilize a scale of 100 points to score

the proposals on the criteria identified. During the evaluation, the District may request proposal

clarifications, explanations and answers from an Offeror. The District may request an Offeror

presentation and interview.

Scoring Scale:

Selection Criteria Weight*

Prices/Charges of E-Rate Eligible

Services

26%

Industry Experience 17%

Qualifications 17%

Job Default 15%

Prior Experience with District 5%

Transition Plan 20%

Overall Ranking 100%

Evaluation Criteria: Offerors are advised that all proposals will be evaluated to determine which

proposal is the overall best interest to the District. Accordingly, evaluation will include but not be

limited to the following criteria:

Qualification: To be considered, each of the following items is required: (1) the Offeror is an

authorized manufacturer’s representative (2) the firm has no conflict of interest with regard to any

other work performed by the firm for the District; (3) the firm has a SPIN number on file with the

SLD; and (4) the firm submits a demonstrable record of quality work.

Past Performance: Experience and expertise of the firm in providing similar equipment and

services to other public entities, especially a school district, and including the firm’s experience

and performance in Modesto City Schools.

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 9

Current capacity and likelihood of the firm to accomplish the services herein for the duration of

the time frame specified; which includes working during holidays, weekends, swing shifts, evening

times, etc.

Equipment meets or exceeds Districts specifications included.

Completeness and clarity of proposal content.

Fees and overall cost to District:

Total Cost - The District’s primary objective is to secure maximum bandwidth at a minimal cost.

Proposal must include any initial (one-time) costs and monthly costs defined by each year for the

full contract period, as well as any proposed renewal option (see MCS Attachment A for each tab

services). Once Modesto City Schools has selected the best proposal for each lit and dark fiber

solution, then Modesto City Schools will engage in an analysis to determine which solution is most

cost effective given the District’s limited funding.

Proposed Solution - Proposal must provide detailed documentation of the scalability as well as

the construction of the proposed solution. Specific drawings must be provided for each link used

in the proposed solution.

Service Level Agreement - Provide a specific Service Level Agreement (SLA) stating the Mean

Time Between Failures (MTBF) of the proposed network services. The SLA must include express

warranties of guaranteed uptime of the network services to be delivered and response times in

the event of any network issue experienced by the school/site. Provide specific information on the

monitoring of the services and the time(s) of day the services will be monitored. Vendor must

include specific remedies for the school/site in the event the SLA is not upheld during the term of

the contract by the service provider. Any exceptions to the District’s contract terms must be

included in the SLA for review by the District’s Legal Department.

AGREEMENT REQUIREMENTS

INSURANCE - The District requires that its contractors provide comprehensive liability,

automobile liability and worker’s compensation insurance coverage per local, state, and federal

limits with the District listed as additional insured. This insurance is to be paid by the Contractor.

FINGERPRINTING AND CRIMINAL BACKGROUND INVESTIGATIONS - The firm must execute

a Certification by Contractor, Criminal Records Check district form prior to the performance of any

work.

COMPENSATION AND PAYMENT - The agreement will be for a fixed amount and will be paid

for when work is completed. All invoices must be fully supported and detailed and reflect any

actual time spent, equipment and material used, and units of work provided/completed.

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 10

PAYMENT TERMS

Payment will be made by the SLD and on a Net 30 day term by the District after all work is

complete by the Contractor and accepted by the District. A final punch list may be required to be

completed by Contractor prior to final acceptance of work.

SCHEDULE/WORK PRIORITIES

Work is to commence on or after July 1, 2016 upon proposal acceptance by the District.

DRUG AND ALCOHOL FREE WORKPLACE

The Service Provider hereby certifies, under penalty of perjury, under the laws of the State of

California that under the contract he will comply with the requirements of the Drug-Free Workplace

Act of 1988 (Government Code Section 8350 et. seq.). Therefore, the work site shall be kept drug

and alcohol free at all times.

TOBACCO-FREE WORKPLACE The Service Provider hereby agrees, under the contract, he will comply with Modesto City Schools

Board of Education’s Policy about the health hazards associated with tobacco products, including

the breathing of second hand smoke and desires to provide a healthy environment for students

and staff.” Therefore, the work site shall be kept tobacco free and smoke-free at all times.

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 11

RFP NO. 16-4616

POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD

SCOPE OF SERVICES

As approved by the Federal Communications Commission in E-rate modernization order 2 (WC Docket NO. 13-184) (https://www.fcc.gov/document/fcc-releases-order-modernizing-e-rate-21st-century-connectivity) – Modesto City Schools wishes to compare Point-to-Point Lit Services and Dark Fiber services for its District Wide Area Network (WAN). The WAN provides broadband connectivity from schools and support sites, and the District’s Datacenter hub, 1017 Reno Avenue, Bldg. A, Modesto, CA 95351. Modesto City Schools is seeking options for lit point-to-point fiber services, and cost of construction of new dark fiber and leasing of dark fiber, of High-Speed Broadband networks. Leasing of lit fiber includes fiber and routing equipment that it is 100% dedicated to the District’s network. Modesto City Schools is seeking two options for proposals. The first option is a fully managed, point-to-point lit service WAN, with pricing at the required tiers as set forth in MCS Attachment “A”, Option 1. The second option is for building a dark fiber network that includes construction of dark fiber, light and maintenance and operation as set forth in MCS Attachment “A”, Option 2. Based on the proposals and a cost effectiveness analysis, the District will determine if any of the Point-to-Point Lit Service or building dark fiber or some combination of solutions is acceptable. The specifications related to each solution option are as follows: Option 1 – Point-to-Point Lit Fiber Lease

The District must have guaranteed Lit Transport Bandwidth throughput (upload and download) of 10gbps, upgradable to 100gbps, with Service Level Agreement (SLA) guarantees. SLA minimum requirements are listed below. The solution must be scalable from 10gbps to 100gbps cost increments (see MCS Attachment A, Option 1, Point-to-Point Lit Services). All respondents must be eligible to participate in the Universal Service Fund’s E-rate Support Mechanism as a service provider, and shall provide a valid Service Provider Identification Number assigned by the Universal Service Administrative Company.

Price quotes are requested for 5, 10 and 15 year terms of service. Prices should be all inclusive. All-inclusive in this case means that all non-recurring costs (NRC) required by the Vendor to commence service are separately listed clearly indicated, and all monthly recurring costs (MRC) for the corresponding circuits should be included in the requisite columns of the pricing sheets. No increased pricing will be allowed during the term of the quoted NRC and MRC rate in each pricing cell of the spreadsheet. All Lit Service circuits must support Quality of Service (QoS) and have the ability to apply rate limiting guarantees to specific packet types to ensure Quality of Service at each WAN link. The network must have the ability to support multiple QoS policies and prioritization queues across each link in the WAN to reduce latency and packet loss, and guarantee throughput for data, voice, and video.

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 12

For lit services the following specifications shall apply:

● The network must be fully operational no later than November 1, 2016. The term “fully

operational” is defined as error free network connectivity at the specified CIRs, delivered

to all sites without failures for at least 72 hours. Vendor must provide certification reports

of CIR, jitter, latency, and interface error metrics for each endpoint.

● Required web portal or local monitoring of all circuits

● Shared management of equipment

● Must provide response time for outages

● Must provide 99.99% guaranteed uptime

● There is no right of provider to limit or throttle the capacity of the circuit at any time for any

reason

● Network Latency Commitment <5 milliseconds roundtrip

● Network Jitter Commitment <5 milliseconds

● Bit-Error Rate commitment <0.25% between circuit endpoints

● Mean Time-To-Repair for outages <4 hours

Lit fiber handoffs shall consist of Single Mode, short reach optic with LC connectors.

As part of a proposal submitted, a network diagram displaying the paths to be used to serve

each endpoint must be included and three references from current customers equivalent to the

size of the District.

School Address City State Zip

Reno Avenue 1017 Reno Avenue, Bldg. A Modesto CA 95351-2631

District Office 426 Locust Street Modesto CA 95351-2631

Corporation Yard 1300 Woodland Avenue Modesto CA 95351-1132

Special Education 1560 Cummings Drive, Suite C Modesto CA 95358-6406

Transitions 1405 Kansas Avenue Modesto CA 95351-1213

Stanislaus County Office of Education 1100 H Street Modesto CA 95354-2338

Elihu Beard Elementary 915 Bowen Avenue Modesto CA 95350-3096

Bret Harte Elementary 909 Glenn Avenue Modesto CA 95358-6099

Burbank Elementary 1135 Paradise Road Modesto CA 95351-2999

El Vista Elementary 450 El Vista Avenue Modesto CA 95354-1899

Enslen Elementary 515 Coldwell Avenue Modesto CA 95354-0107

Catherine Everett Elementary 1530 Mt. Vernon Drive Modesto CA 95350-2798

Fairview Elementary 1937 W. Whitmore Avenue Modesto CA 95358-9463

Franklin Elementary 120 S. Emerald Avenue Modesto CA 95351-1197

John Fremont Elementary 1220 W. Orangeburg Avenue Modesto CA 95350-4074

William Garrison Elementary 1811 Teresa Street Modesto CA 95350-3794

Harriette Kirschen Elementary 1900 Kirschen Drive Modesto CA 95351-2916

Lakewood Elementary 2920 Middleboro Place Modesto CA 95355-4699

James Marshall Elementary 515 Sutter Avenue Modesto CA 95351-3798

Alberta Martone Elementary 1413 Poust Road Modesto CA 95358-1093

John Muir Elementary 1215 Lucern Avenue Modesto CA 95350-6012

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 13

Robertson Road Elementary 1821 Robertson Road Modesto CA 95351-3427

Rose Avenue 1120 Rose Avenue Modesto CA 95355-3799

Shackelford Elementary 100 School Avenue Modesto CA 95351-5398

Sonoma Elementary 1325 Sonoma Avenue Modesto CA 95355-3999

Tuolumne Elementary 707 Herndon Road Modesto CA 95351-4210

Wilson Elementary 201 Wilson Avenue Modesto CA 95354-2789

Orville Wright Elementary 1602 Monterey Street Modesto CA 95354-4298

Evelyn Hanshaw Jr. High 1725 Las Vegas Street Modesto CA 95358-5500

La Loma Jr. High 1800 Encina Avenue Modesto CA 95354-1598

Mark Twain Jr. High 707 Emerald Avenue Modesto CA 95351-1996

Roosevelt Jr. High 1330 College Avenue Modesto CA 95350-5099

Fred C. Beyer High 1717 Sylvan Avenue Modesto CA 95355-1399

Grace M. Davis High 1200 W. Rumble Road Modesto CA 95350-2198

Thomas Downey High 1000 Coffee Road Modesto CA 95355-4275

James C. Enochs High 3201 Sylvan Avenue Modesto CA 95355-7893

Joseph A. Gregori High 3701 Pirrone Road Modesto CA 95356-9048

Peter Johansen High 641 Norseman Drive Modesto CA 95357-0405

Modesto High 18 H Street Modesto CA 95351-3299

Elliott Alternative Education 1440 Sunrise Avenue Modesto CA 95350-4643

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 14

Option 2 - Dark Fiber Construction and Maintenance:

A. Dark Fiber Construction Costs. As a second alternative, the Respondent is requested to quote for the cost for developing new fiber between the District Datacenter hub at 1017 Reno Avenue, Bldg. A., Modesto, CA 95351, and the end points on each school/support site specified above. The dark fiber runs with dedicated fiber from the HUB location to each end point. The price proposal should include pricing to provide the bandwidth as specified on MCS Attachment “A”, Option 2, Dark Fiber Construction. A very important requirement is that all runs for the requested star topology should be 2 pair of fiber per school site. This requirement of 2 pair of fiber in a star topology will ensure architecture of a resilient network requested. Dark fiber handoffs shall consist of Single Mode, short reach optic with LC connectors.

B. Dark Fiber Ongoing Maintenance Costs.

The District will require on-going maintenance and operations of the fiber for at least the first 15 years (refer to MCS Attachment “A”, Option 2, Dark Fiber Lease). There is a specific requirement of 2 pair per school site and a preference for a ring topology. This is to ensure the requirement for a resilient network.

When pricing maintenance and operations, the Respondent should include an overview of fiber maintenance practices including:

● The network must be fully operational no later than November 1, 2016. The term “fully operational” is defined as error free network connectivity at the specified CIRs, delivered to all sites without failures for at least 72 hours. Vendor must provide certification reports of CIR, jitter, latency, and interface error metrics for each endpoint.

● Routine maintenance and inspection ● Scheduled maintenance windows and scheduling practices for planned outages ● Fiber monitoring including information on what fiber management software is used, what

fiber monitoring system is used, and who performs the monitoring ● Handling of unscheduled outages and customer problem report ● What service level agreement is included, and what alternative service levels may be

available at additional cost ● What agreements are in place with applicable utilities and utility contractors for emergency

restoration ● Repair of fiber breaks ● Replacement of damaged fiber ● Replacement of fiber which no longer meets specifications ● Policies for customer notification regarding maintenance ● Process for changing procedures, including customer notification practices

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 15

EXISTING VOICE/DATA NETWORK The District currently has a Use Agreement with the City Of Modesto for a Cable Television Franchise Agreement with Comcast that provides 10 Gbs dark fiber at the following sites:

- Reno Avenue - District Office - Corporation Yard - Stanislaus County Office of Education - Elihu Beard Elementary - Bret Harte Elementary - Burbank Elementary - El Vista Elementary - Enslen Elementary - Catherine Everett Elementary - Fairview Elementary - Franklin Elementary - John Fremont Elementary - William Garrison Elementary - Harriette Kirschen Elementary - Lakewood Elementary - James Marshall Elementary - Alberta Martone Elementary - John Muir Elementary - Robertson Road Elementary - Rose Avenue - Shackelford Elementary - Sonoma Elementary - Wilson Elementary - Orville Wright Elementary - Evelyn Hanshaw Jr High - La Loma Jr High - Mark Twain Jr High - Roosevelt Jr High - Fred C Beyer High - Grace M Davis High - Thomas Downey High - James C Enochs High - Peter Johansen High - Modesto High - Elliott Alternative Education

The District is currently leasing fiber circuits from AT&T at the following sites:

- Reno Avenue 6 Gbs fiber circuit - Tuolumne Elementary 2 Gbs fiber circuit - Joseph A Gregori High 4 Gbs fiber circuit - Special Education 1 Gbs fiber circuit

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 16

INSURANCE REQUIREMENTS The successful Vendor shall show proof of insurance coverage and amount. Minimum insurance required general and automobile liability, is $1,000,000.00, (District shall be listed/named as additional insured). Evidence of Workers’ Compensation coverage is also required from the successful Vendor. ADDITIONAL PRODUCTS OR SERVICES The District reserves the right to add related products or services to the contract at any time during the contract period. The District will contact the successful Vendor for prices prior to adding any products or services and may, at the District’s sole option, accept the quoted prices or purchase elsewhere those products or services concerned.

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 17

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD

ATTACHMENT 1, OPTION 1

FIRM PROPOSAL / OFFER FORM

This Proposal/Offer Form must be duly executed and submitted with any proposal/offer to MCS.

The Offeror hereby agrees that its proposal/offer is subject to all RFP provisions, terms and conditions,

attachments, exhibits, amendments and other applicable materials which are attached or incorporated

by reference. Offeror hereby agrees to promptly enter into an agreement in substantial accordance with

such RFP provisions, terms and conditions, and secure a performance bond within five (5) days of the

Districts intent to award the contract.

The Offeror hereby agrees that its attached proposal/offer of which this is part, is a firm and irrevocable

offer and valid for acceptance by MCS for the period sixty (60) days after closing. The Offeror hereby

agrees that if its proposal/offer is accepted by MCS that it shall provide all of the equipment and

services in accordance with the RFP, as it may be amended.

Name of Person Duly Authorized to Execute this Proposal/Offer: ___________________________

Duly Authorized Signature: _________________________________________________________

Title: ___________________________________________________________________________

Date of this Proposal/Offer: _________________________________________________________

Offeror Name: ____________________________________________________________________

Offeror Address: __________________________________________________________________

Offeror Telephone: _________________________________________________________________

Offeror Facsimile: __________________________________________________________

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 18

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD

ATTACHMENT 1, OPTION 2

FIRM PROPOSAL / OFFER FORM

This Proposal/Offer Form must be duly executed and submitted with any proposal/offer to MCS.

The Offeror hereby agrees that its proposal/offer is subject to all RFP provisions, terms and conditions,

attachments, exhibits, amendments and other applicable materials which are attached or incorporated

by reference. Offeror hereby agrees to promptly enter into an agreement in substantial accordance with

such RFP provisions, terms and conditions, and secure a performance bond within five (5) days of the

Districts intent to award the contract.

The Offeror hereby agrees that its attached proposal/offer of which this is part, is a firm and irrevocable

offer and valid for acceptance by MCS for the period sixty (60) days after closing. The Offeror hereby

agrees that if its proposal/offer is accepted by MCS that it shall provide all of the equipment and

services in accordance with the RFP, as it may be amended.

Name of Person Duly Authorized to Execute this Proposal/Offer: ___________________________

Duly Authorized Signature: _________________________________________________________

Title: ____________________________________________________________________________

Date of this Proposal/Offer: _________________________________________________________

Offeror Name: ____________________________________________________________________

Offeror Address: __________________________________________________________________

Offeror Telephone: ________________________________________________________________

Offeror Facsimile: __________________________________________________________

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 19

RFP NO. 16-4616

POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD

ATTACHMENT 2

INFORMATION REQUIRED OF PROPOSER

The Service Provider shall furnish all the following information accurately and completely. Failure to

comply with this requirement will render the bid informal and may cause its rejection. Additional

sheets may be attached if necessary. "You" or "your" as used herein refers to the Service Provider's

firm and any of its owner, officers, directors, shareholders, parties or principals.

District has discretion to request additional information depending on the Project.

Firm name and address:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

Telephone: _____________________

Type of firm: (check one)

Individual _____ Partnership ______ Corporation ______

License NO. Class:

Name of license holder _____________________________________________________________

Have you or any of your principals ever been licensed under a different name or different license

number? (Response must include information pertaining to principals’ association outside of the firm

bidding this Project). ____________ If Yes, give name and license number.

Names and titles of all principals of the firm:

________________________________________________________________________________

________________________________________________________________________________

Person who inspected work site for your firm:

Name and Title: ______________________________________________________________

Date of Inspection: ______________________

How many years of experience has your firm had in school related work?

(A.) as a general Contractor? ______________________________________________

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 20

(B.) as a Subcontractor? _________________________________________________

Has your firm or any of its principals defaulted so as to cause a loss to a surety? Response must include

information pertaining to principals’ association outside of the firm bidding this Project. _________

If the answer is "Yes," give dates, names and address of surety and details.

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

Have you or any of your principals been assessed damages for any project in the past three years?

Response must include information pertaining to principals’ association outside of the firm bidding

this Project. ________ If Yes, explain:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

Have you or any of your principals been in litigation or arbitration or dispute of any kind on a question

or questions relating to a public construction project during the past three years? Response must include

information pertaining to principals’ association outside of the firm bidding this Project. _______ If

Yes, provide name of public agency and details of the dispute.

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

Have you or any of your principals ever failed to complete a project in the last three years? Response

must include information pertaining to principals’ association outside of the firm bidding this Project.

______

If so, give owner's name and details:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

Do you now or have you ever had any direct or indirect business, financial or other connection with

any official, employee or consultant of the District? _____ If so, please elaborate.

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 21

List of References - Projects of similar nature preferably in a school/community college/university

within the last three (3) years. DISTRICT has discretion to require more than three references.

1. Name : ___________________________________________________________________

Address and Telephone: _____________________________________________________

__________________________________________________________________________

Contact Person: ____________________________________________________________

Type of Construction Project: _________________________________________________

Dates of commencement and completion of Construction Project:

__________________________________________________________________________

Contract Amount: __________________________________________________________

Public Agency Inspector: ____________________________________________________

Address and Telephone: _____________________________________________________

2. Name : ___________________________________________________________________

Address and Telephone: _____________________________________________________

__________________________________________________________________________

Contact Person: ____________________________________________________________

Type of Construction Project: _________________________________________________

Dates of commencement and completion of Construction Project:

__________________________________________________________________________

Contract Amount: __________________________________________________________

Public Agency Inspector: ____________________________________________________

Address and Telephone: _____________________________________________________

3. Name : ___________________________________________________________________

Address and Telephone: _____________________________________________________

__________________________________________________________________________

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 22

Contact Person: ____________________________________________________________

Type of Construction Project: _________________________________________________

Dates of commencement and completion of Construction Project:

__________________________________________________________________________

Contract Amount: __________________________________________________________

Public Agency Inspector: ____________________________________________________

Address and Telephone: _____________________________________________________

I certify and declare under penalty of perjury under the laws of the State of California that the foregoing

Information Required of Service Provider is true and correct.

Executed this ____ day of ____________, 20____, at

________________________________________,

State of ______________________,

_________________City, _____________________ County

_____________________________________________

Signature

_____________________________________________

Print Name

_____________________________________________

Title

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 23

RFP NO. 16-4616

POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD

ATTACHMENT 3

CRIMINAL BACKGROUND INVESTIGATION CERTIFICATION (Contractor)

The undersigned does hereby certify to the governing board of Modesto City Schools ("District")

as follows:

1. That I am a representative of ____________________________ ("Contractor”) currently under contract ("Contract") with the District; that I am familiar with the facts herein certified and am authorized and qualified to execute this certificate on behalf of the Contractor.

2. That Contractor has complied with the fingerprinting and a criminal background Investigation requirements of California Education Code section 45125.1 and 45125.2 with respect to all Contractor's employees and Subcontractors who may have contact with District pupils in the course of providing services pursuant to the Contract, and that the California Department of Justice has determined that none of Contractor's employees (or employees of any Subcontractors of Contractor) has been convicted of a felony, as that term is defined in Education Code section 45122.1.

3. That a complete and accurate list of contractors and subcontractors employees who may come in contact with District pupils during the course and scope of the Contract is attached hereto.

Dated: ________________________________ ___________________________________

Contractor

By: __________________________

Time: _____________________________

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 24

RFP NO. 16-4616

POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD

ATTACHMENT 4

NONCOLLUSION DECLARATION

State of )

) ss.

County of )

I, __________________________, being duly sworn, declare that I am ____________________________

of __________________________________ the party making the foregoing proposal that the proposal is

not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association,

organization, or corporation; that the proposal is genuine and not collusive or sham; that the Proposer has

not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has

not directly or indirectly colluded, conspired, connived, or agreed with any other proposer or anyone else

to put in a sham proposal, or that anyone shall refrain from proposing; that the Proposer has not in any

manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the

proposal price of the Proposer or any other proposer, or to fix any overhead, profit, or cost element of the

proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding

the contract or anyone interested in the proposed contract; that all statements contained in the proposal are

true; and further, that the Proposer has not, directly or indirectly, submitted his or her proposal price or any

breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and

will not pay, any fee to any corporation, partnership, company association, organization, proposal

depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

I declare under penalty of perjury under the laws of the State of that the foregoing is

true and correct.

Dated this ______day of _______. 2016 at_______________ City _______________ State

______________________________

Signature

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 25

RFP NO. 16-4616

POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD

ATTACHMENT 5

WORKERS' COMPENSATION

(FORM MUST BE SUBMITTED WITH BID

Labor Code Section 3700

"Every employer except the state shall secure the payment of compensation in one or more of the

following ways:

(a) By being insured against liability to pay compensation in one or more insurers duly authorized

to write compensation insurance in this state.

(b) By securing from the Director of Industrial Relations a certificate of consent to self-insure

either as an individual employer or as one employer in a group of employers, which may be given

upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure

and to pay any compensation that may become due to his or her employees.

(c) For any. county, city, city and county, municipal corporation, public district, public agency or

any political subdivision of the state, including each member of a pooling arrangement under a

joint exercise of powers agreement (but not the state itself), by securing from the Director of

Industrial Relations a certificate of consent to self-insure against workers, compensation claims,

which certificate may be given upon furnishing proof satisfactory to the director of ability to

administer workers' compensation claims properly, and to pay workers' compensation claims that

may become due to its employees. On or before March 31, 1979, a political subdivision of the

state that, on December 31, 1978, was uninsured for its liability to pay compensation, shall file a

properly completed and executed application for a certificate of consent to self-insure against

workers' compensation claims. The certificate shall be issued and be subject to the provisions of

Section 3702 of the Labor Code.

I am aware of the provisions of Labor Code Section 3700, which require every employer to be

insured against liability for workers' compensation or to undertake self-insurance in accordance

with the provisions of that code, and I will comply with such provisions before commencing the

performance of the work of this contract.

________________________________

Name of the Contractor

By_______________________________

Signature

_______________________________

Print Name

_______________________________

Title

(In accordance with Section 1860 and 1861 of the Labor Code, the above certificate must be signed

and filed with the awarding body prior to performing any work under the contract.)

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 26

New Public Works Contractor Registration Law (SB 854)

(Signed into law June 20, 2014, became effective immediately)

It established a new public works registration program which will collect fees to fund compliance

monitoring and enforcement, determine prevailing wage and public works coverage, and hear

enforcement appeals.

All contractors and subcontractors intending to bid or perform work on public works projects will

be required to register, and annually renew, online for the program. The cost to register for the

program is currently $300.00 and is non-refundable. This is a DIR fee paid to the state. The District

will not register a contractor, nor collect funds for registration.

Effective March 1, 2015, Contractors and subcontractors submitting bids must be registered with

the DIR. The requirement to use only registered contractors and subcontractors on public works

projects, greater than $1,000, applies to all projects awarded on or after April 1, 2015. No bid can

be accepted nor any contract or subcontract entered into nor purchase order issued without proof

that the contractor or subcontractor is registered.

If you intend to bid or provide services on District projects in the future, please ensure you are

currently registered with the DIR. The District will be required to complete a form PWC-100

notifying the DIR of the services you are providing. See Attachment 6 for the information required

on the PWC-100 form. This information must be included in all future quotes and/or bids, and

must also be included for any subcontractor you use (they must also be registered with DIR). The

District will not issue a Purchase Order without the PWC-100 form completed and submitted to

DIR.

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 27

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD

Attachment 6

PWC-100 Information

FORM MUST BE RETURNED WITH BID

CONTRACTOR’S INFORMATION REQUIRED:

Contractor’s Name and Address

Contractor’s Telephone Number

Email Address

Contractor’s License Number

Registration Number given by DIR

Project Name

Project Description

Project Cost

Estimated Start Date

Estimated Completion Date

Project Superintendent Name

Classification, (please select one)

Asbestos Boilermaker Bricklayers Carpenters

Carpet/Linoleum Cement Masons Drywall Finisher Drywall/Lathers

Electricians Elevator Mechanic Glaziers Iron Workers

Laborers Mill Wrights Operating Eng Painters

Pile Drivers Pipe Trades Plasterers Roofers

Sheet Metal Sound/Comm Surveyors Teamster

Tile Workers

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 28

E-RATE SUPPLEMENTAL TERMS AND CONDITIONS

Signed copy to be returned with bid response.

The Telecommunications Act of 1996 established a fund by which Schools and Libraries across the Country could access discounts on eligible telecommunications products and services. The program is commonly known as the E-rate Program. The eligibility for discounts on internet access, telecommunications products and services, internal connection products, services and maintenance is determined by the Federal Communications Commission (FCC). Funding is made available upon application approval by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC), which was established by the Act. The amount of discount is based on the numbers of students receiving free and reduced price meals.

1) E-RATE CONTINGENCY The project herein may be contingent upon the approval of funding from the Universal Service Fund’s Schools and Libraries Program, otherwise known as E‐rate. Even after award of contract(s) and/or E-rate funding approval is obtained, the District may or may not proceed with the project, in whole or in part. Execution of the project, in whole or in part, is solely at the discretion of the District.

2) SERVICE PROVIDER REQUIREMENTS The District expects Service Providers to make themselves thoroughly familiar with any rules or regulations regarding the E-rate program. a. Service Providers are required to be in full compliance with all current

requirements and future requirements issued by the SLD throughout the contractual period of any contract entered into as a result of this RFP.

b. Service Providers are responsible for providing a valid SPIN (Service Provider Identification Number). More information about obtaining a SPIN may be found at this website: http://www.usac.org/sl/service-providers/step01/default.aspx

c. Service Providers are responsible for providing a valid Federal Communications Commission (FCC) Registration Number (FRN) at the time the bid is submitted. More information about obtaining an FRN may be found at this website: https://fjallfoss.fcc.gov/coresWeb/publicHome.do

d. Service Providers are responsible for providing evidence of FCC Green Light

Status at the time the bid is submitted. Any potential bidder found to be in Red

Light Status will be disqualified from participation in the bidding process and will

be considered non-responsive. More information about FCC Red and Green

Light Status may be found at this website:

http://www.fcc.gov/debt_collection/welcome.html

e. Products and services must be delivered before billing can commence. At no

time may the Service Provider invoice before July 1, 2016.

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 29

f. Prices must be held firm for the duration of the associated E-rate Funding Year(s)

or until all work associated with the project is complete (including any contract

and USAC approved extensions).

g. Goods and services provided shall be clearly designated as “E-rate Eligible”. Non-

eligible goods and services shall be clearly called out as 100% non-eligible or shall

be “cost allocated” to show the percentage of eligible costs per SLD guidelines.

h. Within one (1) week of award, the awarded Service Provider must provide the District a bill of materials using a completed USAC “Item 21 Template”. Subsequent schedules of values and invoices for each site must match Item 21 Attachment or subsequent service substitutions. A summary sheet must also be provided to provide the cumulative amount for all sites.

i. In the event of questions during an E-rate pre-commitment review, post-commitment review and/or audit inquiry, the awarded Service Provider is expected to reply within 3 days to questions associated with its proposal.

j. The awarded Service Provider is required to send copies of all forms and invoices to the District prior to invoicing USAC for pre-approval. Failure to comply with this requirement may result in the District placing the vendor on an “Invoice Check” with the USAC http://www.usac.org/sl/applicants/step07/invoice-check.aspx

k. Services providers must comply with the FCC rules for Lowest Corresponding

Price ("LCP"). Further details on LCP may be obtained at USAC's

website: http://www.usac.org/sl/service-providers/step02/lowest-

corresponding-price.aspx

3) SERVICE PROVIDER ACKNOWLEDGEMENTS

a. The Service Provider acknowledges that no change in the products and/or

services specified in this document will be allowed without prior written approval from the district and a USAC service substitution approval with the exception of a Global Service Substitutions.

b. The Service Provider acknowledges that all pricing and technology infrastructure information in its bid shall be considered as public and non-confidential pursuant to §54.504 (2)(i)(ii).

c. The Service Provider acknowledges that its offer is considered to be the lowest corresponding price pursuant to § 54.511(b). Should it not be the lowest corresponding price, the service provider must disclose the conditions leading to the applicant being charged in excess of lowest corresponding price.

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 30

d. This offer is in full compliance with USAC’s Free Services Advisory http://www.usac.org/sl/applicants/step02/free-services-advisory.aspx. There are no free services offered that would predicate an artificial discount and preclude the applicant from paying its proportionate non-discounted share of costs. The service provider agrees to provide substantiating documentation to support this assertion should the applicant, USAC, or the FCC request it.

4) STARTING SERVICES/ADVANCE INSTALLATION

The annual E-rate Funding Year begins on July 1 and expires on June 30 of each calendar year. Regardless of the contract “effective date”, E-rate eligible goods and/or services requested in this RFP shall be delivered no earlier than the start of the 2016 funding year (July 1, 2016). If Category 1 services (Telecommunication Services and Internet access) will begin on or shortly after July 1 of a funding year, the service provider, in some cases, may need to undertake some construction and installation work prior to the beginning of that funding year. Within the limitations indicated below, the infrastructure costs of a service provider can be deemed to be delivered at the same time that the associated Category 1 services begin. That is, if services begin on July 1, then the delivery of service provider infrastructure necessary for those services can be considered as also delivered on July 1.

EARLY FUNDING CONDITIONS Category 1 There are four conditions that must be met in order for USAC to provide support in a funding year for Category 1 infrastructure costs incurred prior to that funding year.

Initiation of installation cannot take place before selection of the service provider pursuant to a posted Form 470 and in any event no earlier than six months prior to July 1 of the funding year.

The Category 1 service must depend on the installation of the infrastructure.

The underlying Category 1 service cannot have a service start date prior to July 1 of the funding year.

No invoices can be submitted to USAC for reimbursement prior to July 1 of the funding year.

For more information, please refer to the FCC Order involving the Nassau County

Board of Cooperative Educational Services (DA 02-3365 , released December 6, 2002). This FCC decision only applies to Priority 1 services (telecommunications services and Internet access). The complete text can be found at the following URL: http://www.usac.org/sl/applicants/step05/installation.aspx

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 31

Category 2 There is one condition that allows USAC to provide support in a funding year for Category 2 installation costs incurred prior to that funding year.

We also amend our rules for category two non-recurring services to permit applicants to seek support for category two eligible services purchased on or after April 1, three months prior to the start of funding year on July 1. This will provide schools with the flexibility to purchase equipment in preparation for the summer recess and provide the maximum amount of time during the summer to install these critical networks. For more information, please refer to the FCC Report and Order and Further Notice

of Proposed Rulemaking (FCC 14-99 , released July 23, 2014). This FCC decision only applies to Category 2 services (Internal Connections).

5) INVOICING

a. The Service Provider agrees to bill and receive a portion of the payment for the

provisions of goods and services described herein directly from USAC via the Form 474 Service Provider Invoice (SPI). The District will only be responsible for paying its non‐discounted share of costs and does not intend to use the BEAR process (Form 472). The maximum percentage the District will be liable for is the pre-discount amount minus the funded amount as shown on the FCC Form 471 Block 5 and any identified ineligible costs. Upon the successful receipt or posting of a Funding Commitment Decision Letter from the SLD and submission and certification of Form 486, the District shall pay only the discounted amount beginning with the billing cycle immediately following said approval. Alternatively, should the District decide that it is in the best interest of the District to file a Form 472, the District will inform the Service Provider of its intent.

b. All Service Provider invoicing to USAC must be completed within 120 days from the last day of service. Should the Service Provider fail to invoice USAC in a timely manner, the District will only be responsible for paying its non-discounted share.

6) FCC/SLD AUDITABILITY

The E-rate program requires that all records be retained for at least ten (10) years from the last date of service provided on a particular funding request. Respondent hereby agrees to retain all books, records, and other documents relative to any Agreement resulting from this RFP for ten (10) years after final payment. The District, its authorized agents, and/or auditors reserves the right to perform or have performed an audit of the records of the Respondent and therefore shall have full access to and the right to examine any of said materials within a reasonable period of time during said period.

RFP NO. 16-4616 POINT-TO-POINT LIT FIBER AND DARK FIBER BUILD PAGE 32

7) PROCUREMENT OF ADDITIONAL GOODS AND/OR SERVICES/COTERMINOUS EXPIRATION During the term of any Agreement resulting from this RFP, the District may elect to procure additional or like goods and/or services offered by the Respondent. Such services shall be negotiated and obtained via an official amendment to this Agreement and approval by the District’s Governing Board. All terms, conditions, warranties, obligations, maintenance and support of said goods or services shall have a coterminous expiration date with the original date of this Agreement. The District shall not enter into a separate Agreement for said goods or services. Respondents must state in their proposal that they acknowledge, accept and are in agreement with coterminous expiration conditions.

I, the undersigned, as an authorized agent of ______________________________ (Service Provider Name), hereby certify that I have read the E-rate Supplemental Terms and Conditions, am fully compliant and intend to cooperate with the E-rate process as outlined above. Signature: _______________________________ Title: _______________________________ Phone Number: __________________________ Email: _____________________________ Service Provider Name: _________________________________________________________