PROPOSAL SUBMISSION CHECKLIST The vendor MUST include the following with the proposal submission. If the items highlighted below are not submitted with the proposal submission, the Commonwealth MUST deem the proposal non-responsive and SHALL NOT consider for award. All other items MUST be submitted prior to award. SIGNED AND COMPLETED SOLICITATION (Section 60.4 of this RFP) LATEST ADDENDUM SIGNED (Section 60.4 of this RFP) *PROPOSED SOLUTION UNDER SEALED COVER AND BY CLOSING DATE (Section 60.5 of this RFP) TRANSMITTAL LETTER (Section 60.5 (C.1) of this RFP) REPORT OF PRIOR VIOLATIONS OF TAX AND EMPLOYMENT TAXES FORM (Section 60.5 (C.2) of this RFP & Attachment C) REVENUE FORM 10A100 KENTUCKY TAX REGISTRATION APPLICATION (Section 60.5 (C.3) of this RFP) CERTIFICATE OF AUTHORITY (REGISTRATION WITH SECRETARY OF STATE BY A FOREIGN ENTITY) (Section 60.5 (C.4) of this RFP) REQUIRED AFFIDAVIT/S (Attachment D) EEO FORMS IF APPLICABLE (Section 40.21 of this RFP) *The Commonwealth defines SEALED as “a closure that must be broken to be opened and that thus reveals tampering”. (Merriam-Webster Dictionary, http://www.merriam-webster.com/dictionary/seal)
*Please see Attachment G - The Protection of Personal Information Security and Breach Investigation Procedures and Practice Act (KRS 61.931), et seq. effective January 1, 2015.
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ATTACHMENT A COVERSHEET Commonwealth of Kentucky Request for Proposal (RFP) RFP 758 1500000282 For Last Mile Infrastructure Service Provider Release Date: April 17, 2015 Closing Date: May 22, 2015 at 3:30 PM EST (See Section 10.9 of this RFP for the Estimated Schedule of RFP Activities) Issued by The Finance and Administration Cabinet On Behalf Of Finance and Administration Cabinet Commonwealth Buyer: Stephanie R. Williams, CPPO, CPPB, MPA Assistant Director Finance and Administration Cabinet Office of Procurement Services (OPS) Division of Technology Services Procurement 702 Capitol Ave Room 096 Frankfort, KY 40601 Telephone: 502-564-8621 Fax: 502-564-6013 Email:
[email protected]
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TABLE OF CONTENTS Proposal Submission Checklist Section 10 – Introduction and Overview Section 20 – Background and Present System Summary Section 30 – Commonwealth of Kentucky Stakeholder Requirements Section 40 – Procurement Requirements Section 50 – Scope of Work Section 60 – Proposal Submission Section 70 – Proposal Evaluation Section 80 – Negotiations Section 90 – Attachments
SECTION 10 – INTRODUCTION AND OVERVIEW 10.1
Purpose The purpose of this RFP is threefold: A. Establish Regional Last Mile Service Provider Resources The primary purpose of this RFP is to establish a suite of multi-year strategic contractual arrangement with a wide range of infrastructure service vendors from across the state to provide infrastructure deployment components, serve as regional stakeholder aggregators and provide high speed regional connectivity and data transport services. These contracts may provide alternatives to the direct fiber connections that are planned to be deployed as a result of the Next Generation Kentucky Information Highway (NG KIH) contract award described in Section 20 of this RFP. The NG KIH stakeholders outlined in Section 20 of this RFP represent potential users of these contracts. The Commonwealth will award contracts to vendors who meet the specifications outlined in this RFP. There is no guarantee that a vendor’s service offering will be used by the Commonwealth. Contract utilization will be dictated by network roll-out timing, priority, desired bandwidth needs, cost and other general business considerations that will be negotiated with the appropriate vendor at the appropriate time. B. Establish Bulk Internet Access The Commonwealth seeks vendors to provide bulk commodity Internet access for use by the NG KIH stakeholders outlined in Section 20 of this RFP. Commodity Internet access is defined as a site connection used only for internet traffic and will not include connectivity to any VPN services. This Internet access may or may not traverse the network backbone. The Commonwealth may choose alternate Internet connections capable of sustaining all of the Commonwealth’s aggregated bandwidth in the event that one (1) connection fails. The Commonwealth anticipates usage at 20 Gbps or greater.
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C. Facilitate Fiber Networking Initiatives by Local Governments The secondary purpose is to provide this same suite of competitively bid contracts for use by all public sector entities for the following types of networking initiatives:
Campus Area Community Area Fiber to the Premise
By extending the use of the contracts established through this RFP, local government, communities, and other public sector entities may be able to avoid lengthy procurement efforts and expedite deployment of fiber networking projects across the state. Targeted service categories and potential suppliers include: A. Data Transport - Cable Service Companies, Telecommunication Companies, etc. B. Bulk Internet Access - Tier 1 or Tier 2 Internet service providers C. Leased Dark Fiber – Municipal Utilities, Telecommunication Companies, etc. D. Utility Infrastructure Access and Related Services - Municipal Utilities, Telecommunication Companies, Power Companies, etc. Please note that the categories above will be used repeatedly throughout this RFP with specific Requirements and Vendor Deliverables tailored to each category. 10.2
Issuing Office The Commonwealth of Kentucky, Finance and Administration Cabinet, Office of Procurement Services, is issuing this RFP on behalf of the Finance and Administration Cabinet. The Finance and Administration Cabinet, Office of Procurement Services, is the only office authorized to change, modify, amend, alter, or clarify the specifications, terms and conditions of this RFP. A contract/s, based on this RFP, may or may not be awarded. Any contract award from this RFP is invalid until properly approved and executed by the Finance and Administration Cabinet.
10.3
Access to Solicitation, RFP, and Addenda The Commonwealth wants each prospective Vendor to have full and complete information on which to base a proposal response. Only information presented or referred to in this RFP and any additional written information that is supplied by the Commonwealth Buyer shall be used by Vendors in preparing the response. The solicitation, addenda, and attachments shall be posted to the Kentucky Vendor Self Service site at http://emars.ky.gov/online/vss/AltSelfService. It is not necessary 4
to register to access the solicitation. Unregistered Vendors can access the solicitations by clicking on public access. In the event of any conflict or variation between the solicitation or modification as issued by the Commonwealth and the Vendor’s response, the version as issued shall prevail. 10.4
RFP Terminology For the purpose of this RFP, the following terms may be used interchangeably: o o o o o o o o o o
o o
10.5
Proposer, Offeror, Contractor, or Vendor Commonwealth Buyer, Buyer, Purchaser, or Contract Officer RFP, Solicitation, or Procurement Bid, Proposal, or Offer Stakeholder, Commonwealth of Kentucky, Commonwealth, or State, Agency, Kentucky Department for Libraries and Archives Fiscal Year will be defined as the Commonwealth fiscal year: July 1 through June 30 Biennium will be defined as the Commonwealth biennium: July 1 of each even numbered year through June 30 of the next even numbered year Requirements that include the words “Shall”, “Will”, “Must” indicate a mandatory requirement The CRD – The Center for Rural Development Peering Arrangement – A peering arrangement refers generally to the connection/s that may be established between Data Transport vendors and the Commonwealth's NG KIH middle mile environment. This term is being used at a high level throughout this RFP. The detailed technical specifications for the peering arrangement and interoperability will be negotiated prior to contract award and documented in a Technical Service Level Agreement that will be a part of any contract resulting from this RFP. Business Class Solution – Defined as a 4 Mbps or greater symmetrical connection DMARC – Demarcation; a common term used by Telecommunication’s companies, used in this document to refer to the place where the telecom wiring stops and the Commonwealth’s cabling begins, i.e. the wiring closet.
Restrictions on Communications The Commonwealth Buyer named on the Cover Sheet of this RFP shall be the sole point of contact throughout the procurement process. All communications, oral and written (regular, express, or electronic mail, or fax), concerning this procurement shall be addressed to the Buyer. For violation of this provision, the Commonwealth shall reserve the right to disqualify the Vendors’ proposal response.
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10.6
Written Questions Regarding this RFP Vendors are encouraged to submit written questions pursuant to Section 10.9 of this RFP. Written questions shall be submitted to the Commonwealth Buyer via email at
[email protected] or via fax at 502-564-6013. Vendor should submit questions on Attachment F-Vendors Question Form. No questions shall be accepted after the date(s) listed in Section 10.9 unless the question(s) is considered material to the procurement. The Commonwealth shall respond to salient questions in writing by issuing an Addendum to the Solicitation. The Addendum shall be posted to the Kentucky Vendor Self Service site.
10.7
Notification of Award of Contract The procurement process will provide for the evaluation of proposals and selection of the successful proposal in accordance with State law and regulations. KRS Chapter 45A of the Kentucky Model Procurement Code provides the regulatory framework for the procurement of services by State agencies. All applicable statutes, regulations, policies and requirements shall become a part of an Award as well as the Information Technology requirements. To view the award of contract(s) and the contractor(s) receiving the award(s) for this solicitation, access the Kentucky Vendor Self Service site at https://emars.ky.gov/online/vss/AltSelfService. Vendors can search for the solicitation title or number in the keyword search field, or can filter their search for only awarded solicitations by clicking on Advanced Search and changing the status to awarded. The award(s) information can be accessed by clicking on the details button of the solicitation and clicking the “Notice of Award” tab. It is the Vendor’s responsibility to review this information in a timely fashion. No other notification of the results of an Award of Contract will be provided.
10.8
Protest Pursuant to KRS 45A.285, The Secretary of the Finance and Administration Cabinet, or his designee, shall have authority to determine protests and other controversies of actual or prospective Offerors in connection with the solicitations or selection for award of a contract. Any actual or prospective Offeror or Contractor, who is aggrieved in connection with solicitation or selection for award of a contract, may file protest with the Secretary of the Finance and Administration Cabinet. A protest or notice of other controversy must be filed promptly and in any event within two (2) calendar weeks after such aggrieved person knows or should have known of the facts giving rise thereto. All protests or notices of other controversies must be in writing and shall be addressed and mailed to:
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Lori H. Flanery, Secretary COMMONWEALTH OF KENTUCKY FINANCE AND ADMINISTRATION CABINET New Capitol Annex 702 CAPITOL AVE RM 383 FRANKFORT KY 40601 The Secretary of Finance and Administration Cabinet shall promptly issue a decision in writing. A copy of that decision shall be mailed or otherwise furnished to the aggrieved party and shall state the reasons for the action taken. The decision by the Secretary of the Finance and Administration Cabinet shall be final and conclusive. 10.9
Estimated Schedule of RFP Activities The following table presents the anticipated schedule for major activities associated with the RFP distribution, proposal submission, proposal evaluation process, and contract award. The Commonwealth reserves the right at its sole discretion to change the Schedule of Activities, including the associated dates and times. Release of RFP April 17, 2015 1st Set of Vendors’ Written Questions due by 12:00 PM EST (SUBMIT QUESTIONS ON ATTACHMENT F-VENDORS QUESTION FORM)
April 24, 2015
Commonwealth’s Response to 1st Set of Vendors’ Written Questions
May 6, 2015
2nd Set of Vendors’ Written Questions due by 12:00 PM EST (SUBMIT QUESTIONS ON ATTACHMENT F-VENDORS QUESTION FORM)
May 11, 2015
Commonwealth’s Response to 2nd Set of Vendors’ Written Questions
May 14, 2015
Proposals due by 3:30 PM EST
May 22, 2015
All bidders are cautioned to be aware of security in the Capitol Annex in Frankfort. In-person or courier delivered bids/proposals in response to a Commonwealth Solicitation should be delivered a minimum of thirty (30) minutes to one (1) hour earlier than the published closing time to allow for a security check-in. Delays due to building security checks shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged.
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SECTION 20 – BACKGROUND AND PRESENT SYSTEM SUMMARY 20.1
NG KIH Sourcing Background and Understanding Each interested vendor should review the NG KIH Concessionaire Request for Proposal RFP 758 1500000003 released on July 11, 2014. This RFP is an important source of background information and the requirements for the RFP. It is posted for review at the following website: https://emars.ky.gov/online/vss/AltSelfService 1. Click Public Access 2. In the Keyword Search type 1500000003 3. Click Details for the Next Generation Kentucky Information Highway RFP 4. Select the Attachments tab to see the RFP, all addenda and all attachments. As a result of the RFP, the Commonwealth awarded a contract to Macquarie Capital to finance, design, construct, operate and maintain the statewide NG KIH middle mile infrastructure (segments, nodes, community anchors) on behalf of all Commonwealth stakeholders and customers outlined below. NG KIH will be an integrated, statewide dark fiber optical network based on open network architecture. Macquarie Capital is required to implement the NG KIH backbone segments by the fall of 2018 with priority rings in Eastern Kentucky to be completed by spring of 2016. The Commonwealth and Macquarie are currently in the final design and engineering phase of the NG KIH.
20.2
Background and NG KIH Business Rationale The Commonwealth’s current networks supporting state government, higher education, K-12 education and local governments have independently evolved over the last 15-20 years. The Commonwealth Office of Technology (COT) is responsible for the current Kentucky Information Highway (KIH) through a contract with AT&T for a managed services multi-protocol label switching (MPLS) network. The current KIH contract also serves the Kentucky Educational Technology System (KETS) network. The KIH contract will stay in place as a connectivity option for the foreseeable future. The University of Kentucky has a contract with Windstream for the Kentucky Postsecondary Education Network (KPEN), also a managed services MPLS network. The University of Kentucky also has a contract for the use of indefeasible right of use (IRU) fiber in a loop connecting Louisville, Cincinnati, Lexington, and Frankfort as part of the Kentucky Regional Optical Network (KyRON). KyRON will connect to Internet2 in Louisville at 100 Gbps and in Cincinnati at 100 Gbps. Local city and county government entities utilize the current AT&T KIH contract or have negotiated contracts via independent competitive solicitations and awards A coalition of key stakeholders (outlined in 20. 3 below) supports the development of the NG KIH network. The NG KIH network will utilize fiber transport to key 8
government and education community anchor endpoints. This new network will serve the public sector, bridge service gaps (especially in rural areas), provide highcapacity fiber to enable private vendors to better deliver network services, and promote economic development. As high-capacity fiber is deployed, the Commonwealth will be positioned to form additional multi-state collaborations. The Commonwealth’s centralized location also positions the state to become a significant national participant in the fiber long haul environment. This network will improve the quality, reliability, usability and access to shared network services, systems and information across the Commonwealth. The Commonwealth is also working in conjunction with the Center for Rural Development (CRD) and the “S.O.A.R.: Shaping Our Appalachian Region” initiative created by U.S. Congressman Hal Rogers and Governor Beshear. Congressman Rogers and the CRD are focused on providing high-capacity fiber optics and Internet access to one of Kentucky’s most underserved areas, Eastern Kentucky. The Center for Rural Development was created in 1996 through the vision of Congressman Rogers and other leaders to be a state and national model for economic development. 20.3
Existing Commonwealth Network Environments and Contracts The following subsections provide additional background information on the existing Commonwealth wide area networking environments, standards and related contracts that are currently in use across the public sector. A. State Government Environment and the KIH3 Contract The following websites provide information on this state resource: http://technology.ky.gov/services/Pages/DataCommunicationServices.aspx B. State Government Security Program Policy has been created to align the Commonwealth's Enterprise Information Security Program with the security framework of the current National Institute of Security Standards (NIST) Special Publication 800-53. CIO-091 - Enterprise Information Security Program C. Center for Rural Development The following website provides information on this organization and its focus on technology. http://centertech.com/technology/ D. KEWS – Statewide Towers and Emergency Warning Radio System The following website provides information on this state resource: http://technology.ky.gov/kews/Pages/default.aspx E. Higher Education Networks The following websites provide information on this state resource: http://kyron.ky.gov/ and http://www.kpen.org F. Council on Postsecondary Education (CPE) The following website provides information on this state organization: http://cpe.ky.gov/
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G. Kentucky Community and Technical Colleges The following website provides information on this state organization: http://www.kctcs.edu/ H. Association of Independent Kentucky Colleges and Universities This website provides information about this organization and the institutions that are a part of this association: http://www.aikcu.org/ I. First Responders, Public Safety and FirstNet The following website provides additional information about this program that may be used to partially fund the networking initiative: http://www.ntia.doc.gov/page/about-firstnet J. Commercial Mobile Radio Services – Emergency Telecommunications Board The following website provides information on this state program: http://cmrsboard.ky.gov/ K. Kentucky Educational TV The following website provides information on this organization and its focus on technology. http://www.ket.org/ L. Kentucky Education Network – K-12 The following website provides information on this organization and its networking resources. http://education.ky.gov/districts/tech/ksc/Pages/Ed-Tech-Resources.aspx 20.4
NG KIH Long-Term Vision and Goals The new middle mile backbone network is a unique collaboration of the following entities: State Government Cabinet for Economic Development http://www.thinkkentucky.com Local Governments: county and city Quasi-Governmental organizations: Center for Rural Development (CRD) Education: Higher education, community and technical colleges (KCTCS), K12, KET, libraries and private colleges Public Safety: Administrative Office of the Courts, FirstNet (First Responders, Police and Fire), Homeland Security, Commercial Mobile Radio Services Board (911), Kentucky Emergency Warning System (KEWS) Local Health Departments NG KIH will also allow further collaboration with: Private Colleges Health care: hospitals, and not-for-profit clinics Local Community Networks: private or public used by community service facilities (libraries, museums, etc.) and citizens Federal Government: facilities and organizations
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The new network will enable a variety of solutions that include: Enhanced disaster recovery and backup capabilities for all stakeholders More extensive use of cloud solutions High-quality video connections Exchange of large data files Enhanced collaboration services and applications Access to supercomputers and scientific data storage facilities Exchange of high-quality medical images and health information records Research applications for networking as well as computer science and large datasets and analysis in many areas. Virtual learning environments The NG KIH goals include: Promote economic development by sharing the backbone with the private sector and promoting the backbone in the recruitment of companies to locate in Kentucky and the retention of existing companies through growth. Support collaborative opportunities across and among the public and private sectors Enhance research, education and public service opportunities Increase economies of scale to allow: Elimination of duplicate networking infrastructure projects and associated costs across the public sector An opportunity to combine the buying power of the public sector to increase statewide access to affordable broadband services for government, organizations, businesses, communities and citizens Dark fiber availability to the public sector and to the private sector technology service providers in un-served or underserved rural areas Maximizing shared services opportunities (clinical systems, advanced engineering systems, shared eLearning environments, etc.) 20.5
Architectural Direction The NG KIH middle mile backbone architecture is being deployed to follow an open access network model whereby the operations of the network and services provided to users by various service providers may be independent of each other. The network will be modeled to ensure reliability, redundancy, and resiliency. The network design is comprised of multiple node sites. The node sites will be connected by multiple, physically diverse, fiber connections in order to ensure high availability and low latency. The node sites will be strategically located throughout the Commonwealth and serve as aggregation points for last mile connections. NG KIH will use existing education and government sites, thus limiting costs associated with leasing/building physical space. Last mile connectivity may be achieved through agreements with various providers of local and regional fiber networks. A graphical overview of the conceptual network design is available for review at the following website. Further detail is available using the Google Earth accessible .KMZ 11
file. This map is for illustrative purposes and should not be construed as the final physical design. NG KIH Conceptual Design Map & Google Earth .KMZ File 20.6
Deployment Vision and Anticipated Benefits The design and construction of the new middle mile backbone network will ensure that sufficient physical fiber capacity (separate strands or separate lambdas) will be available to support multiple entities. The Commonwealth will retain the use of a sufficient quantity of fiber strands to support current and long term government, education, and economic development needs. The deployment of the fiber network will expand opportunities and possibilities by supporting next generation applications within education, government, health care, homeland security, 911 services, emergency response organizations, etc. Other benefits include: Improved rural broadband connectivity to economically depressed areas, thereby creating new job opportunities for these communities Creation of a “Next Generation 911” network; a IP based system with the capacity to receive/transmit voice, text, data and video in 911 communications Creation of a public safety and emergency response network (i.e., FirstNet) to link law enforcement, homeland security and first responders Consolidation and cost reductions regarding the delivery of network services to Kentucky citizens and constituents Expanded use of telemedicine applications by hospitals and healthcare providers Increased monitoring capabilities including real‐time video monitoring of critical infrastructure such as bridges, roads and power plants Reduction in the future expenses of increasing network bandwidth Enhanced online learning opportunities Enhanced connectivity for libraries and communities Direct peering access to multiple content providers
SECTION 30 – COMMONWEALTH TECHNOLOGY REQUIREMENTS 30.1
Compliance with Commonwealth Security Standards In addition to the above referenced Enterprise Information Security Program and for purposes of this solicitation the following requirements replace the Commonwealth security standards. System Vulnerability and Security Assessments The Commonwealth reserves the right to conduct external non-invasive vulnerability and security assessments of the software and infrastructure used to provide services prior to implementation and periodically thereafter. Upon completion of these assessments, the Commonwealth will communicate any findings to the vendor for 12
action. Any cost relating to the alleviation of the findings will be the responsibility of the vendor. An accredited third party source can be selected by the vendor in which they will acknowledge all cost and provide valid documentation of mitigation strategies in an agreed upon timeframe. These mitigations will be subject to reevaluation after completion. In cases where direct mitigation cannot be achieved, the vendor shall communicate this and work closely with the Commonwealth to identify acceptable compensating controls that will reduce risk to an acceptable and agreed upon level. Applicable Security Control Framework Compliance The vendor must have an awareness and understanding of the NIST Special Publication 800-53 Security Control Framework and employ safeguards that meet or exceed the moderate level controls as defined within the standard. These controls must provide sufficient safeguards to provide reasonable protections around the Commonwealth’s data to ensure that the confidentiality, integrity, and availability are maintained at an appropriate level. These include but are not limited to:
Access Control The vendor must employ policy and process that provide for stringent control to limit physical and logical access to systems that house Commonwealth data to a need to know basis and provide clear separation of duties. Awareness and Training The vendor must provide the appropriate role specific training for staff to ensure that there is awareness and understanding of roles and responsibilities as they relate to the protections around the Commonwealth’s data. Audit and Accountability There must be sufficient auditing capability to ensure that actions are tracked and there is individual accountability for all actions taken by vendor staff. Configuration Management The vendor must work within established baselines that provide minimal functionality needed to ensure service delivery without exposing unnecessary risk. The vendor must also employ structured change control processes that provide a level of coordination with the client agreed upon in a Service Level Agreement (SLA). Contingency Planning The vendor must employ contingent planning policy and procedures that ensure service delivery based on agreed SLA levels while maintaining all Commonwealth data within the continental United States. Identification and Authorization The vendor must employ appropriate identity and access management policies and procedures to ensure that access is appropriately authorized and managed at a level to ensure that access is provisioned and de-provisioned in a timely and efficient manner. Incident Response The vendor must employ policy and procedures to ensure that an appropriate response to all identified security incidents are addressed in a timely manner and 13
are reported to the appropriate parties in an agreed upon SLA timeframe. The vendor must also ensure that all staff are sufficient trained to ensure that they can identify situations that are classified as security incidents. Maintenance The vendor must employ policy and procedures that ensure all maintenance activities are conducted only by authorized maintenance staff leveraging only authorized maintenance tools. Media Protection The vendor must employ policy and procedure to ensure that sufficient protections exist to protect Commonwealth data on all storage media throughout the media lifecycle and maintain documentation from media creation through destruction. Physical and Environmental Controls The vendor must employ physical and environmental policies and procedures that ensure that the service and delivery infrastructure are located in a physically secure and environmentally protected environment to ensure the confidentiality, integrity, and availability of Commonwealth data. Personnel Security The vendor must employ policies and procedures to ensure all staff that have access to systems that house, transmit, or process Commonwealth data have been appropriately vetted and have been through a background check at the time of hire and periodically thereafter. System and Communications Protections The vendor must employ physical and logical protection that protect system communications and communication media from unauthorized access and to ensure adequate physical protections from damage.
30.2
Privacy, Confidentiality and Ownership of Information The vendor shall not have ownership of Commonwealth data at any time. The vendor shall be in compliance with privacy policies established by governmental agencies or by state or federal law. Privacy policy statements may be developed and amended from time to time by the Commonwealth and will be appropriately displayed on the Commonwealth portal (Ky.gov). The vendor should provide sufficient security to protect the Commonwealth data in network transit, storage, and cache. All sensitive data, as defined by the enterprise standards, must be encrypted.
30.3
License Agreements Software provided by the vendor to the Commonwealth should contain a provision for perpetual licensing with all upgrade options. The Commonwealth may decide to maintain the software in escrow; therefore the agreements should also contain a provision for maintaining a version of the software in escrow in the event the vendor is unable to continue the business for financial or other business reasons.
30.4
No Surreptitious Code Warranty The Contractor represents and warrants that no copy of licensed software provided to the Commonwealth contains or will contain any Self-Help Code or any 14
Unauthorized Code as defined below. This warranty is referred to in this Contract as the "No Surreptitious Code Warranty. As used in this Contract, "Self-Help Code" means any back door, time bomb, drop dead device, or other software routine designed to disable a computer program automatically with the passage of time or under the positive control of a person other than the licensee of the software. Self-Help Code does not include software routines in a computer program, if any, designed to permit an owner of the computer program (or other person acting by authority of the owner) to obtain access to a licensee's computer system(s) (e.g. remote access via modem) for purposes of maintenance or technical support. As used in this Contract, "Unauthorized Code" means any virus, Trojan horse, spyware, worm or other software routines or components designed to permit unauthorized access to disable, erase, or otherwise harm software, equipment, or data; or to perform any other such actions. The term Unauthorized Code does not include Self-Help Code. In addition, Contractor will use up-to-date commercial virus detection software to detect and remove any viruses from any software prior to delivering it to the Commonwealth. Please provide your suggested remedy for any breach of this warranty. This item will be open to negotiations if vendor is awarded this contract.
SECTION 40 – PROCUREMENT REQUIREMENTS 40.1
Procurement Requirements Procurement requirements are listed under “Procurement Laws, Preference, Regulations and Policies” and “Response to Solicitation” located on the eProcurement Web page at http://eprocurement.ky.gov and http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx respectively. The Vendor must comply with all applicable statutes, regulations and policies related to this procurement.
40.2
Contract Components and Order of Precedence The Commonwealth’s acceptance of the Contractor’s offer in response to the Solicitation, indicated by the issuance of a Contract Award by the Office of Procurement Services, shall create a valid Contract between the Parties consisting of the following:
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1. 2. 3. 4. 5. 6. 7.
Any written Agreement between the Parties; Any Addenda to the Solicitation; The Solicitation and all attachments Procurement Statutes, Regulations and Policies Any Best and Final Offer; Any clarifications concerning the Contractor’s proposal in response to the Solicitation; The Contractor’s proposal in response to the Solicitation.
In the event of any conflict between or among the provisions contained in the Contract, the order of precedence shall be as enumerated above. 40.3
Final Agreement The Contract represents the entire agreement between the parties with respect to the subject matter hereof. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this Contract.
40.4
Contract Provisions If any provision of this Contract (including items incorporated by reference) is declared or found to be illegal, unenforceable, or void, then both the Commonwealth and the Contractor shall be relieved of all obligations arising under such provision. If the remainder of this Contract is capable of performance, it shall not be affected by such declaration or finding and shall be fully performed.
40.5
Type of Contract The contract proposed in response to this Solicitation shall be on the basis of a firm fixed unit price for the elements listed in this Solicitation. This Solicitation is specifically not intended to solicit proposals for contracts on the basis of cost-plus, open-ended rate schedule, nor any non-fixed price arrangement.
40.6
Contract Usage As a result of this RFP, the contractual agreement with the selected Vendor will in no way obligate the Commonwealth of Kentucky to purchase any services or equipment under this contract. The Commonwealth agrees, in entering into any contract, to purchase only such services in such quantities as necessary to meet the actual requirements as determined by the Commonwealth.
40.7
Addition or Deletion of Items or Services The Office of Procurement Services reserves the right to add new and similar items, by issuing a Contract Modification, to this Contract with the consent of the Vendor. Until such time as the Vendor receives a Modification, the Vendor shall not accept Delivery Orders from any agency referencing such items or services.
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40.8
Changes and Modifications to the Contract Pursuant to KRS 45A.210 (1) and 200 KAR 5:311, no modification or change of any provision in the Contract shall be made, or construed to have been made, unless such modification is mutually agreed to in writing by the Contractor and the Commonwealth, and incorporated as a written amendment to the Contract and processed through the Office of Procurement Services and approved by the Finance and Administration Cabinet prior to the effective date of such modification or change pursuant to KRS 45A.210(1) and 200 KAR 5:311. Memorandum of understanding, written clarification, and/or correspondence shall not be construed as amendments to the Contract. If the Contractor finds at any time that existing conditions made modification of the Contract necessary, it shall promptly report such matters to the Commonwealth Buyer for consideration and decision.
40.9
Changes in Scope The Commonwealth may, at any time by written order, make changes within the general scope of the Contract. No changes in scope are to be conducted except at the approval of the Commonwealth.
40.10 Contract Conformance If the Commonwealth Buyer determines that deliverables due under the Contract are not in conformance with the terms and conditions of the Contract and the mutually agreed-upon project plan, the Buyer may request the Contractor to deliver assurances in the form of additional Contractor resources and to demonstrate that other major schedules will not be affected. The Commonwealth shall determine the quantity and quality of such additional resources and failure to comply may constitute default by the Contractor. 40.11 Assignment The Contract shall not be assigned in whole or in part without the prior written consent of the Commonwealth Buyer. 40.12 Payment The Commonwealth will make payment within thirty (30) working days of receipt of Contractor's invoice or of acceptance of goods and/or services in accordance with KRS 45.453 and KRS 45.454. Payments are predicated upon successful completion and acceptance of the described work, services, supplies, or commodities, and delivery of the required documentation. Invoices for payment shall be submitted to the Agency Contact Person or his representative. 40.13 Contractor Cooperation in Related Efforts The Commonwealth of Kentucky may undertake or award other contracts for additional or related work, services, supplies, or commodities, and the Contractor 17
shall fully cooperate with such other contractors and Commonwealth employees. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Commonwealth employees. 40.14 Contractor Affiliation "Affiliate" shall mean a branch, division or subsidiary that is effectively controlled by another party. If any affiliate of the Contractor shall take any action that, if done by the Contractor, would constitute a breach of this agreement, the same shall be deemed a breach by such party with like legal effect. 40.15 Commonwealth Property The Contractor shall be responsible for the proper custody and care of any Commonwealth-owned property furnished for Contractor's use in connections with the performance of this Contract. The Contractor shall reimburse the Commonwealth for its loss or damage, normal wear and tear excepted. 40.16 Confidentiality of Contract Terms The Contractor and the Commonwealth agree that all information communicated between them before the effective date of the Contract shall be received in strict confidence and shall not be necessarily disclosed by the receiving party, its agents, or employees without prior written consent of the other party. Such material will be kept confidential subject to Commonwealth and Federal public information disclosure laws. Upon signing of the Contract by all Parties, terms of the Contract become available to the public, pursuant to the provisions of the Kentucky Revised Statutes. The Contractor shall have an appropriate agreement with its Subcontractors extending these confidentiality requirements to all Subcontractors’ employees. 40.17 Confidential Information The Contractor shall comply with the provisions of the Privacy Act of 1974 and instruct its employees to use the same degree of care as it uses with its own data to keep confidential information concerning client data, the business of the Commonwealth, its financial affairs, its relations with its citizens and its employees, as well as any other information which may be specifically classified as confidential by the Commonwealth in writing to the Contractor. All Federal and State Regulations and Statutes related to confidentiality shall be applicable to the Contractor. The Contractor shall have an appropriate agreement with its employees, and any subcontractor employees, to that effect, provided however, that the foregoing will not apply to:
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A. Information which the Commonwealth has released in writing from being maintained in confidence; B. Information which at the time of disclosure is in the public domain by having been printed an published and available to the public in libraries or other public places where such data is usually collected; or C. Information, which, after disclosure, becomes part of the public domain as defined above, thorough no act of the Contractor. 40.18 Advertising Award The Contractor shall not refer to the Award of Contract in commercial advertising in such a manner as to state or imply that the firm or its services are endorsed or preferred by the Commonwealth of Kentucky without the expressed written consent of the Agency Technical Contact person listed in this RFP (Section 50.5). 40.19 Permits, Licenses, Taxes and Commonwealth Registration The Contractor shall procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of all Federal, State, and local governments in which work under this Contract is performed. The Contractor shall maintain certification of authority to conduct business in the Commonwealth of Kentucky during the term of this Contract. Such registration is obtained from the Secretary of State, who will also provide the certification thereof. However, the Contractor need not be registered as a prerequisite for responding to the RFP. Additional local registration or license may be required. The Contractor shall pay any sales, use, and personal property taxes arising out of this Contract and the transaction contemplated hereby. Any other taxes levied upon this Contract, the transaction, or the equipment or services delivered pursuant hereto shall be borne by the Contractor. 40.20 EEO Requirements The Equal Employment Opportunity Act of 1978 applies to All State government projects with an estimated value exceeding $500,000. The Contractor shall comply with all terms and conditions of the Act. http://finance.ky.gov/services/eprocurement/Pages/VendorServices.aspx. 40.21 Provisions for Termination of the Contract Any Contract resulting from this Solicitation shall be subject to the termination provisions set forth in 200 KAR 5:312. 40.22 Bankruptcy In the event the Contractor becomes the subject debtor in a case pending under the Federal Bankruptcy Code, the Commonwealth's right to terminate this Contract may be subject to the rights of a trustee in bankruptcy to assume or assign this Contract. The trustee shall not have the right to assume or assign this Contract unless the 19
trustee (a) promptly cures all defaults under this Contract; (b) promptly compensates the Commonwealth for the monetary damages incurred as a result of such default, and (c) provides adequate assurance of future performance, as determined by the Commonwealth. 40.23 Conformance with Commonwealth & Federal Laws/Regulations This Contract is subject to the laws of the Commonwealth of Kentucky and where applicable Federal law. Any litigation with respect to this Contract shall be brought in state or federal court in Franklin County, Kentucky in accordance with KRS 45A.245. 40.24 Accessibility Vendor hereby warrants that the products or services to be provided under this Contract comply with the accessibility requirements of Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), and its implementing regulations set forth at Title 36, Code of Federal Regulations, part 1194. Vendor further warrants that the products or services to be provided under this Contract comply with existing federal standards established under Section 255 of the Federal Telecommunications Act of 1996 (47 U.S.C. § 255), and its implementing regulations set forth at Title 36, Code of Federal Regulations, part 1193, to the extent the Vendor's products or services may be covered by that act. Vendor agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services which is brought to its attention. 40.25 Access to Records The contractor, as defined in KRS 45A.030 (9) agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this contract for the purpose of financial audit or program review. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the contract and shall be exempt from disclosure as provided in KRS 61.878(1) (c). The contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. In the event of a dispute between the contractor and the contracting agency, Attorney General, or the Auditor of Public Accounts over documents that are eligible for production and review, the Finance and Administration Cabinet shall review the dispute and issue a determination, in accordance with Secretary's Order 11-004. (See Attachment E) 40.26 Prohibitions of Certain Conflicts of Interest In accordance with KRS 45A.340, the contractor represents and warrants, and the Commonwealth relies upon such representation and warranty, that it presently has 20
no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services. The contractor further represents and warrants that in the performance of the contract, no person, including any subcontractor, having any such interest shall be employed. In accordance with KRS 45A.340 and KRS 11A.040 (4), the contractor agrees that it shall not knowingly allow any official or employee of the Commonwealth who exercises any function or responsibility in the review or approval of the undertaking or carrying out of this contract to voluntarily acquire any ownership interest, direct or indirect, in the contract prior to the completion of the contract. 40.27 Performance Bond Pursuant to 200 KAR 5:305, the Contractor may be requested to furnish a Performance Bond or Letter of Credit satisfactory to the Commonwealth in an amount to be negotiated with the successful vendor as security for the faithful performance of the Contract. The Performance Bond or Letter of Credit furnished by the Contractor shall incorporate by reference the terms of the Contract as fully as though they were set forth verbatim in such bonds. In the event the Contract is amended, the penal sum of the Performance Bond or Letter of Credit shall be deemed increased by like amount. The initial Performance Bond or Letter of Credit shall be submitted to the Commonwealth Buyer within thirty (30) days of execution of this Contract. Any required amendment to the Performance Bond or Letter of Credit shall be submitted to the Commonwealth Buyer within thirty (30) days of said amendment. 40.28 No Contingent Fees No person or selling agency shall be employed or retained or given anything of monetary value to solicit or secure this contract, excepting bona fide employees of the Offeror or bona fide established commercial or selling agencies maintained by the Offeror for the purpose of securing business. For breach or violation of this provision, the Commonwealth shall have the right to reject the proposal or cancel the contract without liability. 40.29 Vendor Response and Proprietary Information The RFP specifies the format, required information, and general content of proposals submitted in response to the RFP. The Finance and Administration Cabinet will not disclose any portions of the proposals prior to Contract Award to anyone outside the Finance and Administration Cabinet, representatives of the agency for whose benefit the contract is proposed, representatives of the Federal Government, if required, and the members of the evaluation committees. After a Contract is awarded in whole or in part, the Commonwealth shall have the right to duplicate, use, or disclose all proposal data submitted by Vendors in response to this RFP as a matter of public record. Although the Commonwealth recognizes the Vendor's possible interest in preserving selected data which may be part of a
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proposal, the Commonwealth must treat such information as provided by the Kentucky Open Records Act, KRS 61.870 et sequitur. Informational areas which normally might be considered proprietary shall be limited to individual personnel data, customer references, selected financial data, formulae, and financial audits which, if disclosed, would permit an unfair advantage to competitors. If a proposal contains information in these areas that a Vendor declares proprietary in nature and not available for public disclosure, the Vendor shall declare in the Transmittal Letter (Section 60.5 (C.1) the inclusion of proprietary information and shall noticeably label as proprietary each sheet containing such information. Proprietary information shall be submitted under separate sealed cover marked “Proprietary Data”. Proposals containing information declared by the Vendor to be proprietary, either in whole or in part, outside the areas listed above may be deemed non-responsive to the RFP and may be rejected. The Commonwealth of Kentucky shall have the right to use all system ideas, or adaptations of those ideas, contained in any proposal received in response to this RFP. Selection or rejections of the proposal will not affect this right. 40.30 Contract Claims The Parties acknowledge that KRS 45A.225 to 45A.290 governs contract claims. 40.31 Limitation of Liability The liability of the Commonwealth related to contractual damages is set forth in KRS 45A.245. 40.32 Discrimination (Effective April 8, 2015) Discrimination (because of race, religion, color, national origin, sex, sexual orientation, gender identity, age, or disability) is prohibited. This section applies only to contracts utilizing federal funds, in whole or in part. During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity, or age. The contractor further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity. The contractor agrees to provide, upon request, needed reasonable accommodations. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall include, but not be limited to the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and 22
applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. 4. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965 as amended, and of the rules, regulations and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in or as otherwise provided by law. 7. The contractor will include the provisions of paragraphs (1) through (7) of section 202 of Executive Order 11246 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor, issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 23
SECTION 50 – SCOPE OF WORK 50.1
Agencies to Be Served Upon approval by the Finance and Administration Cabinet, this contract shall be for use by all Agencies of the Commonwealth as defined in 45A.605.
50.2
Extending the Contract Use to Other Agencies The Finance Cabinet reserves the right, to offer the Master Agreement resulting from this Solicitation to other state agencies and stakeholders as outlined in Section 20. Political Subdivisions, under Kentucky Statutes, political subdivisions of this State including cities of all classes, counties, and school districts may participate in All State Agency Master Agreements to the same extent as agencies of the Commonwealth.
50.3
Term of Contract and Renewal Options The term of the Contract(s) will vary depending on the scope of work, services, time of services, and location. Therefore the Commonwealth will negotiate the term of the Contract(s) upon award and such term shall take the form of a Contract Modification as described in Section 40.7 of this RFP. The Contract(s) may be renewed at the completion of the initial Contract period for additional periods upon the mutual agreement of the Parties. The Commonwealth reserves the right to negotiate any terms and/or conditions as may be necessary during the term of the contract. In the event proposed revisions cannot be agreed upon, either party shall have the right to withdraw without prejudice from continuing the contract.
50.4
Basis of Price Revisions PRICE ADJUSTMENTS: Unless otherwise specified, the prices established by the Contract resulting from this Solicitation shall remain firm for the contract period subject to the following: A. Price Increases: A price increase shall not occur during the first twenty-four (24) months of the contract. A vendor may request a price increase after twenty-four (24) months of the contract, which may be granted or denied by the Commonwealth. Any such price increase shall be based on a consumer price index but not to exceed 2.5%. The Contract holder must request in writing a price increase at least thirty (30) days prior to the effective date, and shall provide firm proof that the price increase(s) is justified. The Office of Procurement Services may request additional information or justification. If the price increase is denied, the Contract holder may withdraw from the Contract without prejudice upon written notice and approval by the Office of Procurement Services. Provided, however, that the vendor must continue service, at the
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Contract prices, until a new Contract can be established (usually within sixty (60) days). B. Price Decreases: The Contract price shall be reduced to reflect any industry wide price decreases. The Contract holder is required to furnish the Office of Procurement Services with notice of any price decreases as soon as such decreases are available. C. Extended Contract Periods: If the Contract provides for an optional renewal period, a price adjustment may be granted at the time the Contract is renewed, subject to price increase justification as required in Paragraph A “Price Increases” as stated above. 50.5
Notices After the Award of Contract, all programmatic communications with regard to day-today performance under the contract are to be made to the Agency technical contact(s) identified below. Mike Hayden, Director Finance and Administration Cabinet Room 456 Capitol Annex Frankfort, KY 40601 After the Award of Contract, all communications of a contractual or legal nature are to be made to the Commonwealth Buyer. The Commonwealth reserves the right to change the technical contact throughout the life cycle of any contract awarded as a result of this RFP.
50.6
Subcontractors The Contractor is permitted to make subcontract(s) with any other party for furnishing any of the work or services herein. The Contractor shall be solely responsible for performance of the entire Contract whether or not subcontractors are used. The Commonwealth shall not be involved in the relationship between the prime contractor and the subcontractor. Any issues that arise as a result of this relationship shall be resolved by the prime contractor. All references to the Contractor shall be construed to encompass both the Contractor and any subcontractors of the Contractor.
General Business Requirements: 50.7
NG KIH Organization and Governance Structure The Commonwealth may implement a new government organization, to manage NG KIH related contracts and internal business arrangements required to deploy and operate NG KIH. This new organization and all related vendors/contracts will be governed by Commonwealth statutes/regulations. Any last mile service provider awarded a contract via this RFP shall agree that they will abide by the direction and oversight provided by the new NG KIH governance organization, leadership of the 25
major stakeholder groups outlined in Section 20 of this RFP and the NG KIH governance entity/entities. 50.8
Security and Control Requirements The vendor’s solution shall conform to State and Federal statutes and guidelines relating to confidentiality and shall be secure from entry by unauthorized users. It shall also be compatible with the established Commonwealth security processes, including overall system access, violation reports, audit trails and system logs.
50.9
Federal Discount Programs The vendor shall support Universal Service Fund (E-Rate), the Healthcare Funding discount program and any other discount program offered by the federal government throughout the life cycle of any contract awarded as a result of this RFP.
50.10 Status Reporting Requirements The vendor shall develop and transmit monthly status reports to the NG KIH Executive Director. The report format and content shall be finalized during the project initiation phase. 50.11 Minimum Business Class Solution The vendor shall provide and manage a Business and/or Carrier class connectivity solution that will facilitate the connection of the various NG KIH stakeholders outlined in Section 20 to the NG KIH network environment. 50.12 Monthly Stakeholder Billing For the Commonwealth, the Vendor shall create a detailed invoice per site (physical address) recapping any charges incurred for that month. Billing detail shall include appropriate details to identify service specifics including location and type of service allowing for proper payment, reconciliation and/or auditing. The Commonwealth should have the option of receiving their billing information in a hardcopy or electronic format. Additionally, each Service Vendor shall provide automated hierarchical bill presentation on five (5) levels: State, Agency/Stakeholder, Department, location, and service-type. The Vendor may be required to invoice individual stakeholder groups. The format and detail of these arrangements may be developed after a contract is awarded. With current or future federal discounts for K-12, healthcare, etc., the timing of vendor payment and the source of the payment (Commonwealth or Federal Agency) may vary by stakeholder group. 50.13 Project Implementation A. Vendor Services Vendor offered services for installation shall be available upon contract award. B. Standard Project Planning and Implementation Approach The Vendor shall use a formal project planning and implementation process. The PMBOK Guide and standards are identified at website link below. All vendor 26
planning deliverables shall be able to demonstrate to the Commonwealth the phases, tasks and schedule that will meet or exceed Commonwealth leadership expectations and the SLA. http://www.pmi.org/PMBOK-Guide-and-Standards.aspx 50.14 Stakeholder Site Naming Conventions The Vendor shall comply with Commonwealth and national cable and naming standards for consistency across the state. A Node and Stakeholder site connection standard will be provided that will identify the Commonwealth’s naming/labeling procedure that the Vendor shall comply with. Refer to Attachment H. 50.15 Outages and Break/Fix Response Requirements A. Engineering, Installation and Support Costs For this service the Commonwealth requires that the engineering, installation and support are a part of the cost structure and shall be the responsibility of the vendor. B. Break/Fix The vendor shall own or have on-going business arrangements in place with emergency repair providers to maintain and repair Commonwealth leased utility infrastructure (poles, conduit and related components) throughout the life cycle of any contract that results from this RFP. The specific terms and conditions and standards of promptness will be a part of the contract and service level agreement/s developed prior to contract award.
Category A: Data Transport 50.16 Peering Arrangement Requirements A. The vendor shall be able to provide routing options to support BGP peering for internet connectivity. B. At a minimum, peering arrangements to NG KIH nodes should be 1 Gbps or greater. C. All current and future network protocols shall be IEEE certified standards. 50.17 Redundant Paths A. There may be a requirement for a redundant path between the Vendor’s endpoints and aggregation points. B. If the Commonwealth or stakeholders choose to utilize the NG KIH middle-mile backbone for statewide transport there shall be a redundant path between the Vendor’s peering arrangement aggregation point and Commonwealth nodes. 50.18 Associated Services for the Proposed Solution At a minimum, the vendor shall provide the following associated services as a part of its proposed solution: A. Marketing and customer outreach.
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B. Provisioning and De-provisioning of sites and customers through the vendor’s solution. C. Interface and integration services per Commonwealth standards. D. On-going management of the solution 24x7x365. E. Preventative and break/fix maintenance services. F. Administration services (billing, reporting, etc.). 50.19 Stakeholder Site Equipment The Vendor shall provide all electronics necessary to connect to a clear point of demarcation. Cost for this equipment shall be included in any circuit price. The Vendor shall ensure the equipment supplied will support the subscribed circuit speed up to the demarcation. Reference Attachment H. 50.20 Node Equipment If the Commonwealth or stakeholders choose to utilize the NG KIH middle-mile backbone for statewide transport all NG KIH node equipment will be provisioned by the Commonwealth to allow the vendor to provide required NNI connectivity. An appropriate level of access will be granted for the Vendor to make and maintain the connections. Connection and cable standards and neatness shall be enforced by the Commonwealth. 50.21 Stakeholder Circuits The cost and circuit type to a location shall be based on the bandwidth of the circuit and not the number of people serviced at a location. 50.22 Procurement and installation All orders for service, including but not limited to moves, additions, changes, cancellations, or modifications to an order shall be properly authorized and made through the proper Commonwealth Stakeholder request form to the Vendor. This applies to all Stakeholders using contracts executed under this RFP. The Vendor shall also provide a list of standard intervals for the provisioning of all Data services. 50.23 Peering Arrangement Connectivity with the NG KIH Backbone For connectivity to the NG KIH backbone, the proposed solution shall be capable of peering with the network through one or more of the regional nodes described in Section 20 of this RFP. In those scenarios, peering arrangements shall consist of 1 Gbps or 10 Gbps physical links. 50.24 Node Connections – Peering Relationship Vendor to Node If the Commonwealth or stakeholders choose to utilize the NG KIH middle-mile backbone for statewide transport the Vendors connection to NG KIH backbone node shall be an aggregated service delivery over Ethernet connection at 1 Gbps or 10Gbps and shall be the Vendor’s expense to install and support. Explicitly, the vendor shall not block any traffic and will allow traffic to pass to all NG KIH directly connected Stakeholders.
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50.25 Node Site Locations The vendor shall use the high-level conceptual architectural graphics located in Section 20.5 as the foundational architecture for NG KIH. 50.26 Last mile Connections Last Mile connections are those connections between Stakeholder agency sites and the Vendor’s aggregation point. Last Mile engineering and connectivity requirements will vary with each Stakeholder location connected to the backbone. 50.27 Last Mile Vendor Network Requirements: A. The Vendors network shall be highly scalable, reliable and redundant. 1) The Vendor shall provide Carrier Ethernet type services (E-LAN and E-LINE; port and VLAN based). 2) If the Commonwealth or stakeholders choose to utilize the NG KIH middlemile backbone for statewide transport the Vendor should provide IP-VPN circuits between node site and Stakeholder sites. 3) If IP-VPN services are utilized, the Vendor’s network shall be IPv4 and IPv6 capable. 4) If IP-VPN services are utilized, the Vendor’s network shall provide capability for multiple IP-VPN’s throughout the network. 5) If IP-VPN services are utilized, the Vendor shall allow each IP-VPN to communicate within that IP-VPN without leaving the cloud. 6) The Vendor shall work with the Commonwealth and stakeholders and enable the continued use of their existing IP addressing scheme if desired. 7) Range of network bandwidth requirements and Stakeholder Offerings: Ethernet at: 4 Mbps 6 Mbps 8 Mbps 10 Mbps 25 Mbps 50 Mbps 100 Mbps 250 Mbps 500 Mbps 1 Gbps 2 Gbps 4 Gbps 8 Gbps 10Gbps 8) Network Service Requirements The Commonwealth prefers a Vendor that can provide the lowest possible circuit pricing. The Commonwealth prefers to use Ethernet based circuits, as its preference for remote office connectivity. 29
The Vendor shall provision QoS on all circuits within their service area. The Vendor shall provide postalized pricing for services in their service area. The Vendor shall have the ability to provide multiple virtual IP-VPNs at remote sites when needed. As enhanced communication services become available, the Vendor shall make these services available on the contract. These services shall meet industry accepted standards for performance and operation and be competitively priced. The Vendor must provide separation of Stakeholder traffic regardless of connectivity type.
50.28 Node/Hut Facility Access and Utilization Requirements If the Commonwealth or stakeholders choose to utilize the NG KIH middle-mile backbone for statewide transport an appropriate level of access will be granted for the Vendor to make and maintain the connections. Connection and cable standards and neatness shall be enforced by the Commonwealth. 50.29 Operations Support and Service Level Requirements A. Operations Support and Standards of Promptness Requirements The Vendor’s network shall be constructed and operated in a manner that is available within the Vendor’s service area to all eligible customers or stakeholders. B. Vendor Change Management Responsibilities A change management process will be developed by the NG KIH governance group. Once the initial deployment and configuration of the Vendor’s network is complete, the vendor shall follow the change management procedures that will be updated to cover the network environment. This policy will describe the responsibilities, policies, and procedures to be followed when making changes or recording events to the network infrastructure. C. Vendor Network Monitoring and Reporting Requirements The vendor shall monitor the operation and performance of the network 24x7x365 and shall ensure compliance at all times with the technical specifications outlined above and that the network connectivity speeds provisioned for each customer location (building, campus, etc.) is maintained at all times. The frequency and method for reporting these network service levels to the Commonwealth shall be finalized in a Service Level Agreement (SLA) prior to contract signing. D. Service Level and Reporting Requirements 1) Network Service Level and Reporting Network Service Levels shall be proactively measured and reported. An important issue for the Commonwealth is the measurement and monitoring process. All reports and graphs shall show a rolling twelve (12) month periodof-time. i. The vendor shall provide monthly statistics on the following: 30
a)
ii.
iii.
iv.
Peering arrangement aggregation point circuits: 1) Circuit Availability - The vendor shall provide the average monthly availability and utilization. 2) The node to NNI aggregate points shall be able to sustain 99.9% availability service. 3) Packet loss shall be <0.1% 4) Latency shall be 15 ms or less 5) Jitter shall be at <1 ms b) Last Mile circuits: 1) Circuit Availability - The vendor shall provide the average monthly availability and utilization. 2) Remote Circuit Availability shall meet a 99% availability service level average. Periods of not meeting the Latency or Packet Loss Standards above will be considered outages. Monthly Reports – additional reports shall include, but are not limited to, the following terms: a) Quantity of repair tickets and average duration by vendor b) Cause code of tickets c) MTTRestore (Mean Time To Restore) charted in the following categories: 1) <2 Hrs 2) 2-4 Hrs 3) 4-6 Hrs 4) 6-8 Hrs 5) >8 Hrs d) MTTRespond (Mean time to Respond) charted in the following categories: 1) 2-4 Hrs 2) >4 Hrs e) List of all tickets greater than eight (8) hours duration f) Root Cause Analysis of outages of long duration, high impact or by Commonwealth request. g) Report of Network Performance regarding Latency, Packet Loss and Jitter. h) Report on MAC’s (Moves, Additions, Changes) detailing total activities, MAC’s that did not meet committed install dates and reason for missed install date. Repairs a) The vendor shall adhere to the SLA minimums as prescribed in Attachment I. The Commonwealth shall designate the priority level for repairs and changes QoS Requirements a) The Vendor shall comply with all QoS requirements that will be defined during contract negotiations.
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Category B: Bulk Internet Access 50.30 Bulk Internet Access Requirements: The Commonwealth seeks one or more national, Tier-1 or Tier 2 commercial providers of Internet services to provide bulk Internet access to the Commonwealth’s stakeholders of its network. The Commonwealth seeks vendors who are actively engaged nationally with state government, institutions of higher education, and other similar networks. The Commonwealth will consider connections at data rates of 10 Gbps on Ethernet connections with near-term capabilities to provide 100 Gbps connections. The Commonwealth must be able to interconnect with the vendor at two or more of the Commonwealth’s nodes. All charges for ports, cross-connects, local loop connections, etc. must be included. Charges not proposed in the vendor’s response will not be acceptable. A. The vendor must have, in operation for at least 24 months a backbone reaching two or more national Internet network access interconnection points. B. The vendor’s backbone network must have private or public peering with all major Tier 1 internet providers. C. The vendor should show a high level network diagram that shows how the service proposed to the Commonwealth will reach national peering points. This diagram should show the aggregation and core layers of the network and how redundancy is provisioned to the Commonwealth. D. The vendor must operate a 24x7 Network Operations Center. E. The vendor must accept all routes that the Commonwealth advertises to the vendor at no additional charge. F. The vendor must accept all Autonomous system paths that the Commonwealth advertises to the vendor at no additional charge. G. The vendor must provide documentation demonstrating that their backbone network is reliable, has sufficient throughput to support 10 Gbps connections, and that the vendor is cooperative in inter-provider relations. H. The vendor must provide a diagram of their national network showing relevant Points of Presence, trunk capacities, and current average and peak utilization. I. Vendor must offer a SLA (Service Level Agreement) covering both availability and packet loss for all packets delivered to Vendor’s network by the Commonwealth. J. Vendor must agree to jointly develop an AUP (Acceptable Use Policy), which recognizes the Commonwealth as an aggregator and downstream network provider. The Connections should not possess a restrictive Acceptable use policy, since educational, research and commercial traffic will flow over the connection. K. Please include a description of any limitations you would impose on the use of this Connection.
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Category C: Leased Dark Fiber 50.31 Required Fiber and Components Specifications – Segment Construction The fiber specifications are as follows: A. Must provide fiber characterization for each segment B. ITU-T G.652.D compliant or better fiber C. Construction methods compliant with industry standards D. Splice loss less than 0.05 dB for 95% or more of the fibers in a cable at each splice point E. Ribbon or loose tube cables F. Termination on panels at node facilities G. Access to fiber can be obtained at splice enclosures or by mid-sheath splice H. All underground fiber must be in conduit I. Four (4) hour service warranty agreement for service interruption related to a problem directly related with the transmission of data across the dark fiber circuits J. Compliance with Commonwealth Naming Standards The Vendor shall comply with State and national cable and naming standards for consistency across the Commonwealth. Refer to Attachment H. K. Access to rights of way, easements, conduit access, pole attachments, all make ready work and regulatory compliance shall be the responsibility of the vendor. 50.32
Node Site Locations to Stakeholder Site IRU Fiber Requirements A. Node Locations The vendor shall use the high-level architectural graphics located in Section 20.5 as the foundational architecture for NG KIH and to prepare all deliverables outlined in Section 60 – Proposal Submission. This list could be expanded as fiber segment paths are determined. Access will be granted to the node/hut facility to accomplish the necessary installations. Access protocols will be supplied by the Commonwealth.
Category D: Utility Infrastructure Access and Related Services: 50.33 Infrastructure Requirements A. The Commonwealth or other Stakeholders may extend fiber services to various end-points within a specific geographic area. The Commonwealth and/or Stakeholders may desire to utilize outside plant (OSP) infrastructure (pole attachments, conduit) provided by the owners of the infrastructure. The Commonwealth may also desire to contract for various professional services resources to support fiber extensions such as OSP engineering, project management, and make ready services.
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SECTION 60 – PROPOSAL SUBMISSION 60.1
Disposition of Proposals All proposals become the property of the Commonwealth of Kentucky. The successful proposal shall be incorporated into the resulting contract by reference. Disposal of unsuccessful proposals shall be at the discretion of the Commonwealth Buyer.
60.2
Rules for Withdrawal of Proposals Prior to the date specified for receipt of offers, a submitted proposal may be withdrawn by submitting a signed written request for its withdrawal to the Commonwealth Buyer.
60.3
Commonwealth’s Right to Use Proposal Ideas The Commonwealth of Kentucky shall have the right to use all system ideas, or adaptations of those ideas, contained in any proposals received in response to the RFP. Selection or rejection of the proposal will not affect this right.
60.4
SUBMISSION Each qualified Offeror shall submit only one (1) proposal. Alternate proposals shall not be allowed. Failure to submit as specified shall result in a non-responsive proposal. The Vendor should complete the “Vendor” box on the face of the Solicitation. An authorized representative of the Vendor shall sign where indicated on the face of the Solicitation. If the solicitation is not signed the proposal shall be deemed nonresponsive. It is the Vendor’s responsibility to check the web site for any modifications to this Solicitation. If modifications have been made, the Vendor’s signature is required on the latest addendum. Failure to acknowledge the latest addendum of this Solicitation shall cause the bid to be deemed non-responsive if the latest addendum is material to the procurement. Acknowledgment shall be received prior to the hour and date specified for receipt of offers. Verbal acknowledgment shall not be accepted.
60.5
Format A. Proposals shall be submitted as follows: 1.
The Technical Proposal should include one (1) marked original, ten (10) copies, and eleven (11) CDs (in Microsoft Word, Excel or PDF).
B. *Proposals shall be sealed and submitted to the Commonwealth Buyer by the RFP Closing Date (both are identified on the Cover Page of this RFP). ANY
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PROPOSAL RECEIVED AFTER THE CLOSING DATE SHALL BE REJECTED AND RETURNED UNOPENED TO THE VENDOR.
*The Commonwealth defines SEALED as “a closure that must be broken to be opened and that thus reveals tampering”. (Merriam-Webster Dictionary, http://www.merriamwebster.com/dictionary/seal) Should differences be determined to exist between the hardcopy proposal and the electronic version, the hardcopy shall prevail. The outside cover of the package containing the Technical Proposal should be marked: Last Mile Infrastructure Services RFP 758 1500000282 TECHNICAL PROPOSAL Name of Offeror CATEGORY {check the category(s) that are included in the technical proposal response}
☐ ☐ ☐ ☐
CATEGORY A: Data Transport CATEGORY B: Bulk Internet Access CATEGORY C: Leased Dark Fiber CATEGORY D: Utility Infrastructure Access
All submitted Proposals shall remain valid for a minimum of six (6) months after the proposal due date. C. TECHNICAL PROPOSAL CONTENT 1. Transmittal Letter The transmittal letter should be on the Vendor’s letterhead, notarized and signed by an agent authorized to bind the Vendor. The transmittal letter should include the following: a. A statement that deviations are included, if applicable. Proposed deviations must be outlined in the Transmittal Letter. b. A sworn statement that, if awarded a contract as a result of this Solicitation, the Vendor shall comply in full with all requirements of the Kentucky Civil Rights Act, and shall submit all data required by KRS 45.560 to 45.640; c. A sworn statement pursuant to KRS 11A.040 that the Vendor has not knowingly violated any provisions of the Executive Branch Code of Ethics;
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d. A sworn statement of that the Vendor is in compliance with Prohibitions of Certain Conflicts of Interest; e. A statement of certification in accordance with In accordance with Federal Acquisition Regulation 52.209-5, Certification Regarding Debarment, Suspension, and Proposed Debarment that to the best of its knowledge and belief, the Vendor and/or its Principals is (are) not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any State or Federal agency. f. The name, address, telephone number, fax number, and email address of the contact person for this RFP. The address shall be one in which the major overnight delivery services will deliver; and g. The name, address, telephone number, fax number and email address of the contact person to serve as a point of contact for day-to-day operations. h. Subcontractor information to include name of company, address, telephone number and contact name, if applicable 2. Disclosure of Violation of Statutes Pursuant to KRS 45A.485, contractors are required to reveal final determinations of violation of certain statutes incurred within the last five (5) years and be in continuous compliance with those statutes during the contract. Where applicable, the Vendor is required to complete and submit Report of Prior Violations of Tax and Employment Laws (See Attachment C) of this RFP. 3. Kentucky Tax Registration Application Revenue Form 10A100, Kentucky Tax Registration Application, effective July 2008, is a form to be completed by any person or entity wishing to contract with the Commonwealth to provide goods or services subject to sales and use tax pursuant to KRS 139.200. The form is located at this web-link as Attachment 5: http://finance.ky.gov/services/eprocurement/Pages/VendorServices.as px In accordance with administrative regulation 200 KAR 5:390, this form has to be completed and submitted, before a contract can be awarded. Section 2 of the regulation also notes: “Failure to submit the required documentation or to remain registered and in compliance with the sales and use tax filing and remittance requirements of KRS 139.540 and KRS 139.550 throughout the duration of the contract shall constitute a material breach of the contract and the contract may be terminated.”
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4. Registration with the Secretary of State by a Foreign Entity Pursuant to KRS 45A.480(1)(b), an agency, department, office, or political subdivision of the Commonwealth of Kentucky shall not award a state contract to a person that is a foreign entity required by KRS 14A.9-010 to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS 14A.9-030, therefore, foreign entities should submit a copy of their certificate with their solicitation response. If the foreign entity is not required to obtain a certificates provided in KRS 14A.9-010, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070. Businesses can register with the Secretary of State at https://secure.kentucky.gov/sos/ftbr/welcome.aspx . 5. Required Affidavits (see Attachments) 6. Completed and signed face of solicitation (See Section 60.4) of this RFP) 7. Signed face of latest addendum of the solicitation (See Section 60.4 of this RFP) 8. EEO Forms if applicable (See Section 40.21 of this RFP) 9. Proposed Solution Vendors are permitted to respond to one (1) or more of the following categories. Please label each category response within the Technical Response.
CATEGORIES A. B. C. D.
Data Transport Bulk Internet Access Leased Dark Fiber Utility Infrastructure Access and Related Services
If responding to Categories A, C, or D, the vendor should address Sections 1-5 below for each category that the proposal targets. If responding to Category B, the vendor should address Sections 1-3 & Section 5 below for each category that the proposal targets. All proposals submitted for Category A should also address Sections 7-11 below. (Sections 1-5 & Sections 7-11) All proposals submitted for Category B should also address Sections 7-11 below. (Sections 1-3, Section 5 & Sections 7-11). All proposals submitted for Category C should also address Section 6 below. (Sections 1-5 & Section 6)
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SECTIONS TO RESPOND TO AS PART OF THE TECHNICAL RESPONSE PER THE TABLE ABOVE 1. Vendor Background and Project Resources The Vendor should provide a history of its firm and a description of the infrastructure and/or service offerings. Details of the proposed project implementation team should also be included: a. Team organization chart b. Project manager c. Key team members structure The Vendor should also identify the top two (2) proposed Vendor team members. These should include the Project Manager and Technical Lead. The Proposer should also include the plan for ensuring that adequate staff is on hand to meet the requirements of RFP. 2. Comparable Experience The vendor should provide a description of their current service offerings and plans for service expansion plans over the next three (3) years that may promote the Commonwealth’s goals of extending NG KIH to additional public sector customers in their coverage area. The vendor should also provide documentation and a description of any other project experience for large enterprise-level infrastructure programs/projects similar to this RFP. 3. Vendor Infrastructure/Services Plan The Vendor should submit a Proposed Infrastructure and/or Services Plan. This plan should demonstrate the Vendor’s approach, ability and experience in using its infrastructure and/or services to connect Commonwealth sites and customers (regionally or statewide) and how this proposed offering compliments the vision of NG KIH as described in Section 20. The plan should clearly designate the vendor category for this deliverable. 4. Geographic Coverage of Vendor’s Infrastructure and/or Service The Vendor should submit a Geographic Coverage Plan and Map using the high-level descriptions and maps provided in Section 20 as a basis for the plan. This plan should demonstrate and show graphically (ESRI Shapefile Format) how the Vendor can assist the Commonwealth with connecting Commonwealth campuses/sites and customers to the NG KIH middle mile backbone environment. If available, the vendor should also provide fiber route maps in ESRI Shapefile Format as a part of this deliverable.
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5. Value Added Services and Swap/Trade Alternatives The Vendor should recommend innovative practices, business strategies and Value-Added Services that will be offered by the Vendor, within scope of this RFP, to enable the Commonwealth to be successful in this effort. This is an opportunity for the Vendor to provide suggestions to distinguish themselves from other competing Vendors. Examples of Value Added Services might include: Barter arrangements for NG KIH Fiber – Fiber Swaps, Conduit use Swaps, etc. Transit peering arrangements with upstream NG KIH internet provider/s Connectivity with metro area POP for upstream connectivity Swap of infrastructure and/or Services for NG KIH fiber IRUs or wavelengths (lambdas) Content peering arrangements Managed Voice over IP services Next Generation 911 Services Establishing an Internet 2 node in Kentucky If the Vendor is interested in swapping infrastructure (pole attachments or conduit access, etc.) or providing free or discounted service rates for spare NG KIH capacity, the vendor should describe the proposed alternative in three (3) pages or less in the Value Added Section. At a minimum, the response to this item should refer to the network architecture and background information provided in Section 20 to identify the regional or statewide network segments that are of interest and the benefits that the swap option would provide for both the Vendor and the Commonwealth. For Category C, the following Section (Section 6) should be completed and submitted as a part of the proposal by Leased Dark Fiber providers only. This item is in addition to Sections 1-5 above. 6. Compliance with Commonwealth Fiber Standards The vendor should describe and clarify their level of compliance with the Commonwealth fiber standards outlined in Section 50 of this RFP.
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For Categories A and B, the following Sections (7-11) should be completed and submitted as a part of the proposal by Data Transport and/or Bulk Internet Access Service Providers. This item is in addition to (Category A - Sections 1-5 & Category B Sections 13 & 5 above) 7. Shared District Nodes and Equipment Deployment The Vendor should submit a Node and Equipment Connectivity Plan using the information provided in Section 20. This plan should demonstrate the Vendor’s approach, ability and experience in providing a Network to Network Interface (NNI) for connecting its infrastructure and/or services to the various NG KIH district nodes to compliment the overall vision of NG KIH. 8. Project Implementation Plan The Vendor should submit a Project Implementation Plan outlining the phases/tasks and timeframes required to provide Network to Network Interface (NNI) connections for its infrastructure and/or services to the NG KIH environment. The plan should ensure that the terms and conditions specified in Section 50 are met with the full implementation of the plan. The Commonwealth reserves the right to revise the Implementation Plan during contract negotiations. 9. Business Continuity and Security Plan The Vendor should describe their Business Continuity Plan for the infrastructure and/or services proposed and the redundancy, operations, break/fix measures and resources that will be implemented to ensure 24 x 7 x 365 operations. The Vendor should also submit a Security Plan. The plan should describe the Vendor’s approach, ability and experience in securing the physical and software environments that will make up its infrastructure and/or service offerings. 10. Operation Support Plan – Statewide Network The proposed plan should describe the Vendor’s approach, ability and experience in deploying the proper resources, skills and training required to effectively operate and support its infrastructure and/or service offerings over the life of the contract. 11. Service Level Assurances and Draft Service Level Agreement The Vendor should provide a Service Level Management Plan (as defined in Section 50 of this RFP) with help desk escalation recommendations. The Vendor should also provide a sample Service Level Agreement (SLA) outlining requirements and conditions (connectivity and service/s) performance, standards of promptness,
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reliability, help desk response times, etc.) to which it shall be held during the life of the contract. The vendor should also provide the following information as a part of its response to this deliverable: a. The vendor should provide a detailed explanation of the proposed process the Commonwealth will use for reporting troubles and change requests. b. The vendor should provide a detailed explanation of the proposed process the Commonwealth will use for escalating troubles. 1. Network Service Level Reporting a) The vendor should provide a detailed explanation of the proposed monthly reports and statistics for their infrastructure/service offering Network i n c l u d i n g , but not limited to, availability, latency, and packet loss. The Commonwealth desires sample copies of each report. b) The vendor should provide a detailed explanation of the proposed monthly reports and statistics for all Remote Circuits i n c l u d i n g , but not limited to, availability, latency, and packet loss. The Commonwealth desires sample copies of each report. c) The vendor should provide a draft SLA matrix that provides the proposed SLA Response times adhering to or improving upon the SLA minimums as stated in Attachment I. Format of the Cost Proposal: There is no specific Cost Proposal required for this procurement. Contract utilization will be dictated by network roll-out timing, priority, desired bandwidth needs, cost and other general business considerations that will be negotiated with the appropriate vendor at the appropriate time.
SECTION 70 –PROPOSAL EVALUATION The Commonwealth shall conduct a comprehensive, fair, and impartial evaluation of all proposals. The Commonwealth may reject any proposal that is incomplete or in which there are significant inconsistencies or inaccuracies. The Commonwealth reserves the right to reject all proposals. The Commonwealth has established a Proposal Evaluation Committee to review, evaluate and verify information submitted by the Offeror in response to each targeted service category itemized in this RFP. 41
Each Vendor is responsible for submitting all relevant, factual and correct information with their offer to enable the evaluator(s) to afford each Vendor the maximum score based on the available data submitted by the Vendor. The Commonwealth will award contracts to vendors who score sixty percent (60%) or higher for each proposed category. As mentioned above, the service categories are as follows: A. B. C. D.
Data Transport Bulk Internet Access Leased Dark Fiber Utility Infrastructure Access (Poles and Conduit) and Related Services
Category A – Data Transport The Commonwealth shall evaluate the proposals by assigning scores as indicated below for Data Transport Services. Technical Proposal Evaluation Data Transport Criteria Points Possible 50
Background and Project Resources Comparable Experience
25
Vendor Infrastructure/Services Plan Geographical Coverage
100 0 100
Value Added Services
75
Nodes and Equipment Deployment
50
Project Implementation Plan
50
Business Continuity and Security Plan
25
Operation Support Plan Service Level Assurances and Draft Service Level Agreement TOTAL POINTS POSSIBLE
150 75 700
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Category B – Bulk Internet Access The Commonwealth shall evaluate the proposals by assigning scores as indicated below for Bulk Internet Access. Technical Proposal Evaluation Bulk Internet Access Criteria Points Possible Background and Project Resources
50
Comparable Experience
25
Vendor Infrastructure/Services Plan Value Added Services
100 0 75
Nodes and Equipment Deployment
50
Project Implementation Plan
50
Business Continuity and Security Plan
25
Operation Support Plan Service Level Assurances and Draft Service Level Agreement TOTAL POINTS POSSIBLE
150 75 600
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Category C – Leased Dark Fiber The Commonwealth shall evaluate the proposals by assigning scores as indicated below for Leased Dark Fiber. Technical Proposal Evaluation Leased Dark Fiber Criteria Points Possible Background and Project Resources
50
Comparable Experience
50
Vendor Infrastructure/Services Plan
100
Geographical Coverage
100
Value Added Services
100
Compliance with Commonwealth Fiber Requirements
100
TOTAL POINTS POSSIBLE
500
Category D – Utility Infrastructure Access and Related Services The Commonwealth shall evaluate the proposals by assigning scores as indicated below for Utility Infrastructure Access (Poles and Conduit) and Related Services. Technical Proposal Evaluation Utility Infrastructure & Related Services Criteria Points Possible Background and Project Resources
50
Comparable Experience
50
Vendor Infrastructure/Services Plan Geographical Coverage
100 0 100
Value Added Services
100
TOTAL POINTS POSSIBLE
400
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SECTION 80 –NEGOTIATIONS The Commonwealth reserves the right pursuant to KRS 45A.085 to negotiate a contract. The Commonwealth will award contracts to vendors who score sixty percent (60%) or higher for each proposed category. There is no guarantee that a vendor’s service offering will be used by the Commonwealth. Contract utilization will be dictated by network roll-out timing, priority, desired bandwidth needs, cost and other general business considerations that will be negotiated with the appropriate vendor at the appropriate time. Terms and conditions that may be negotiated at the sole discretion of the Commonwealth include but are not limit to the Technical Proposal and/or Cost.
SECTION 90 –ATTACHMENTS Attachments indicated below may be downloaded by accessing the “Attachment” link found on the Solicitation Details View page where this RFP was downloaded. Once the Attachment link is accessed, select the file name you wish to download, and select the “Download Attachment” hyperlink. For assistance with downloading these attachments please contact the Commonwealth Buyer. ATTACHMENT A – This RFP Document ATTACHMENT B – Left Blank Intentionally ATTACHMENT C – Report of Prior Violations of Tax and Employment Laws ATTACHMENT D – Affidavits ATTACHMENT E – Secretary's Order 11-004 ATTACHMENT F – Vendors’ Question Form ATTACHMENT G – The Protection of Personal Information Security and Breach Investigation Procedures and Practice Act (KRS 61.931) ATTACHMENT H – Cabling/Naming Standard ATTACHMENT I – Service Level Requirements
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